Aliya Marikar Abuthahir V. Aliya Marikar Mohammed Sally

1942 Present: Howard C.J., Moseley S.P.J., Soertsz, Hearne and
Wijeyewardene JJ.

ALlYA MARIKAR ABUTHAHIR v. ALlYA MARIKAR
MOHAMMED SALLY.

110-D. C. Kegalla, 1,351.

Muslim deed of gift-Reservation of life-interest in donor-Fidei commissum attached to the gift-Valid fidei commissum created-Roman-Dutch law.

A Muslim executed a deed of gift in favour of one of his sons, reserving to himself and his wife, if she survives him, the right to. take, enjoy and receive the rents and profits of the property gifted, during their lifetime.

He also reserved to himself the right to revoke and cancel the gift at his will and pleasure.

The gift was also subject to a fidei commissum in favour of the donee's children.

The donee and the donor's wife accepted the gift.

Held, that .the deed created a valid fidei commissum, and was a valid gift under the general law although between Muslims.

Weerasekere 11. Peiris (34 N; L. R. 281) followed.

Sultan v. Peiris (35 N. L. R. 57) over-ruled.

THIS was a case referred to a Bench of five Judges under section 51 of the Courts Ordinance.

The facts are as follows:

A Muslim, Tamby

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