Mohammed Et Al., V. Abdul Hadeen

Present: Dalton and Drieberg JJ.

MOHAMMED et al. v. ABDUL HADEEN.

 319-D. C. Galle, 24,691.

    Charitable trust-Action for declaration of title to trust properly-Ordinance No. 9 of 1917, s. Ill (1) (c).

A claim for declaration of title to property of a charitable trust cannot be barred by prescription.

APPEAL from a judgment of the District Judge of Galle. The facts appear from the judgment of Dalton J.

Keuneman, for defendant, appellant.

B. F. de Silva, for plaintiffs, respondent.

January 16, 1929. DALTON J.-

The plaintiffs instituted this action as trustees under a deed executed by one Pooachi Umma in favour of her husband Deen Mohamed Abdul Karim. They asked for a declaration of title to the premises at 146, Fishmarket street, Galle, and were successful in the lower Court.

In bis answer defendant resisted their claim alleging that he had been in possession of the premises as owner and had obtained a good prescriptive title thereto. When the issues came to be framed he somewhat altered his position and was allowed to raise further . Abdul defences, without however any amendment of his answer, which, so far as is ne

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