KALENDERUMMA v. MARIKAR et al.
1936 Present :
Moseley J. and Fernando A.J.
KALENDERUMMA v. MARIKAR et al.
151-D. C. Batticaloa, 7,907.
Donation-Gift by Muslims-No
intention to part with possession-Roman-Dutch law applicable.
Where a Muslim deed of gift was expressed in the following terms : We the said
donors, reserving both of our life-interest to the thus described property shall
possess and enjoy the produce thereof till our life-time, shall live thereon and
make a perfect use of the same. In consideration of the love and affection we
bear towards our children and for their shares lawfully becoming entitled to by
way of children's rights, and for diverse other reasons, we do hereby donate,
convey, and set over unto
them the paddy land, &c and these
five persons shall accept in common and possess and enjoy the same according to
their pleasure, for ever, subject to the life-interest of both of us, and we the
donors and each and every one of us shall have the right to possess and enjoy
the produce of the properties till our lifetime. In testimony of having written
this deed we the donors do donate unto them and I, for myself and on behalf of
the other fo
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