Uthumalevai Et Al V. Avva Umma

1946 Present : Nagalingam A. J.

UTHUMALEVAI et al., Appellants, and AVVA UMMA,
Respondent.

221-C.R. Kalmunai, 279.

Muslim Law-Prescription-Donation-Minor-Oral gift of immovable property by Muslim father to his minor child-Possession of property by father is possession on behalf of donee.

Where a Muslim father donates immovable property to his minor child, though not effectually by a notarial deed, possession of the property by the father is deemed to be possession by the minor.

APPEAL from a judgment of the Commissioner of Requests, Kalmunai.

C. E. S. Perera, for the defendants, appellants.

C. Renganathan, for the plaintiff, respondent.

Cur. adv. vult.

November 27,1946. NAGALINGAM A. J.-
   
The plaintiff instituted this action for a declaration of the title to 6/11 share of an allotment of land described in the schedule to the plaint. Admittedly the land belonged to one Meera Lebbe Saibu Lebbe. He died leaving two sons and seven daughters. Two of the sons and two of the daughters conveyed their interest in the land in dispute to the plaintiff who is the wife of one of the sons, and the plaintiff on this basis prefers her cl

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