Udumalevvai Et Al V. Mustapha

1932 Present : Drieberg and Akbar JJ.

UDUMALEVVAI et al. v. MUSTAPHA.

174-D. C. Batticaloa, 6,989.

Fidei commissum-Muslim donation-Construction of fidei commissum- Roman-Dutch law.

Where a deed of gift by which the donor (a Muslim) donated certain property to his sons contained the following provision:-"They (i.e., the donees) shall possess and enjoy as their own from this day and in case any one of them happen to die without issue the shares will have to go to all my male children. "

Held, that it created a valid fidei commissum.

BY three deeds of gifts a Muslim donated certain immovable property to his sons, the three plaintiffs and one Mustapha, who died intestate and issueless. The sole question was whether the deed created a fidei commissum in favour of the plaintiffs in respect of Mustapha's share, or whether that share devolved on the latter's heirs, represented by the defendant. The learned District Judge held that the deed created a valid fidei commissum.

H. V. Perera, for defendant, appellant.-Conceptions of Roman-Dutch law cannot be incorporated into Muslim deeds. Muslims are governed by Muslim law but they may ad

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