Present : Bertram C.J. and Schneider J.

SAIDU v. SAMIDU.

401-D.C.Galle, 18,613.

Deed of donation treating a fidei commissum-Is it valid under the Muhammadan law ?-Prohibition against lease for over two years- No penalty stated-Brutum fulmen-Eight of lessor to sue trespasser in ejectment.

A deed of gift created a fidei commissum and contained a prohibition against leasing for more than two years. There was no penalty imposed in the event of the lease exceeding the prescribed limit. M, a fiduciary, leased it for four years, commencing from 1920, to defendant, but M died in 1919. Thereafter the child of M and the widow of M leased the property for six years to the plaintiff.

Held, that the lease to defendant, which was to take effect after the death of M, was not valid, and that the lease to plaintiff was valid, though it exceeded two years.

The deed of donation was as follows :-

No. 14,060,

Know all men who are concerned by these presents:-That I, Isa. Umma, wife of Cader Kuttyna Kudas Sarai Lebbe Marikkar of Galu-piyadda, within the Four Gravets of Galle, do hereby declare that as I am willing to grant something out of my immovable propert