1933 Present: Macdonell C.J., Garvin S.P.J., Drieberg and Akbar JJ.

SULTAN v. PEIRIS.

337-D. C. Colombo, 38,728.

Muslim law-Deed of gift-Gift inter vivos intended to take effect immediately -Reservation of life-interest-Validity under Muslim law-Applicability of Roman-Dutch law.

Where a Muslim, by a deed of gift inter vivos intended to take effect immediately, reserved to himself during his life-time " the full and unfettered right of residing in any of the premises hereby gifted and of taking and enjoying the rents, profits, produce and income of all the said allotments of land and premises hereby gifted, without the interference of the said donees or either of them ",-

Held, that the gift was not a valid one under the Muslim law, as it did not comply with the requirement of that law that delivery of possession of the subject-matter of the gift must be made to the donee in order to make the gift complete.

THIS was an appeal from a judgment of the District Judge of Colombo dismissing two actions in which the relief claimed was for a declaration that the assignee of an insolvent estate was entitled to certain property. The defendant deni