1926 Present: Garvin and Lyall Grant J J.

ABDUL RAHIM v  HAMIDU LEBBE et al.

244-D. C. Matara, 1,298.

Muslim law-Donation of  property by father to minor son-Delivery of possession.

Under the Muslim law a gift by a father to his minor child of property in the parent's possession is complete on his declaration that a gift has been made.

IN this action the plaintiff sued for a declaration of title to a shave of certain lands, which formed the subject-matter of a deed of gift, executed by the first and second defendants in favour of their two minor daughters, Mukulath Natchia and Mumina Natchia. The plaintiff married Makulath Natchia on February 20, 1917, and she died on November 28, 1917. The plaintiff claimed, as the heir of his deceased wife, a half share of the interest conveyed to her by the deed of gift. The defendants pleaded that no title passed under the deed as there had been no delivery of possession of the lands to the donees. The learned District Judge, held in favour of the plaintiff.

Hayley (with Keuneman), for defendants, appellants.-All the parties to this action are Muhammadans, and the Muhammadan law-will apply.