1931    Present : Macdonell C.J. and Garvin S.P.J.

WEERASEKERE v. PEIRIS.

169-D. C. Colombo, 34,065.

Muslim law-Gift subject to life interest- Fidei commissum-No delivery of possession actual or constructive Validity of gift-Construction of fidei commissum.

Where a Muslim gifted to his son immovable property, reserving a life interest and the right to dispose of the property during his lifetime, and there was no delivery of possession, actual or constructive, to the donee,-

Held, that the gift was not a valid one under the Muslim law.

Where such a gift contained a fidei commissum, the validity of the gift must be determined by the Muslim law, although the construction of the fidei-commissum be governed by the Romance Dutch law.

THIS was an action for declaration of title to certain premises which belonged to one Arisi Marikar, who by a deed bearing No. 11,221 dated March 11, 1904, purported to give and grant five-sixths to his son, Salih Hadjiar, as a gift inter vivos. According to plaintiff the gift was subject to a fidei commissum in favour of the children of Salih Hadjiar and on the death of the latter the property devolved on