Noorul Hatchika V. Noor Hameem Et Al., v

1950 Present  : Wijeyewardene C.J., Jayetileke S.P.J.,
Nagalingam J.,Gratiaen J. and Pulle J.

NOORUL HATCHIKA, Appellant, and NOOR
HAMEEM et al., Respondents

S. C. 355-D. C. Colombo, 4,907.

Agreement-Promise to transfer immovable property in consideration of marriage- Should be executed before notary-Prevention of Frauds Ordinance (Cap. 57) Section 2.

An agreement to transfer immovable property in consideration of marriage is governed by section 2 of the Prevention of Frauds Ordinance and should be embodied in a notarial agreement.

Thamby Lebbe et al. v. Jamaldeen (1937) 39 N. L. R. 73 and Lila Umma v. Majeed (1943) 44 N. L. R. 524 overruled.

APPEAL from a judgment of the District Court, Colombo. This case was referred to a Bench of five Judges under section 51 of the Courts Ordinance.

E. B. Wikramanayake, K.C., with I. Misso and J. B. White, for defendant appellant.-The case for the plaintiffs was that the 2nd defendant 'promised to give as dowry to the 2nd plaintiff the premises bearing assessment No. 17, 17th Lane, Kollupitiya. They asked for specific performance of that agreement or in the alternative for R

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