Ponniah Et Al. V. Jameel Et Al.,

1936 Present : Macdonell C.J. and Poyser J.

PONNIAH et al. v. JAMEEL et al.

379-D. C. Colombo, 27.

Muslim law-Deed of gift inter vivos in praesenti-Reservation of usufruct by donor-Gift subject to fidei commissum-Acceptance by donees- Delivery of deed as a symbol of possession-Gift governed by Muslim law-Invalid for want of delivery of possession.

Where a deed of gift by a Muslim was expressed in the following terms; " I do hereby voluntarily give, grant, convey, transfer, assigns, set over, and assure by way of gift unto the said donees the land and premises .... to have and to hold the said land and premises hereby granted and conveyed subject to the following terms, conditions, and restrictions, namely, that I, the said donor shall have the right during my lifetime to take and enjoy the rents, profits, issues and incomes of the said premises by way of  usufruct, and the said donees shall not be at liberty to give, sell, mortgage or otherwise alienate or encumber the said premises or any part of share thereof that they shall only be entitled to hold, possess, and enjoy and take and receive the rents, profits issues and in

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