Present : Ennis and Porter JJ.  1922

HABEEBU v. SILVA.

300-D. C. Galle, 18,265.

Muhammadan law-Gift of land subject to long lease-Seisin delivery of possession-Lapse of time after gift-Presumption.

A Muhammadan gifted in 1801 a land which was subject to a long lease to his daughter N, who accepted the same in the deed. N died in 1897, leaving a son five years old, who subsequently transferred it to plaintiff. The defendant urged that as the donor was not in possession of the property at the time of the gift, the only way by which the seisin of the property could be proved would be to show that the donee had received the rents and profits of the property gifted, and that there was no evidence on this point.

The Court presumed in the circumstances of the cases that the rent was spent on behalf of the minor son.

" One must presume after lapse of years that everything had been done that should have been done." In the present case there is an accumulation of small details which seem to indicate that the Judge was right in coming to the conclusion that possession had been taken of the land gifted to the donee.

THE facts appear from the judgme