1949 Present : Nagalingam J. and Windham J.

ISMAIL LEBBE, Appellant, and HANIFFA, Respondent

S. C. 313-D. C. Kegalla, 4,048

 Partition-Muslim co-owners-Application of Roman-Dutch law of succession- Duty of Judge.

Where the co-owners of a land are Muslims governed by the Muslim system of jurisprudence, the Judge should apply the Muslim law of intestate succession and not the Roman-Dutch Law.

APPEAL from a judgment of the District Court, Kegalla.

M. H. A. Aziz, for fourth defendant appellant.

H. W. Jayewardene, with T. B. Dissanayake, for first and second defendants respondents.

C. E. S. Perera, with C. Seneviratne, for third defendant respondent.

Cur. adv. vult.

April 4, 1949. NAGALINGAM J.-

This is an action to partition a land the co-owners of which are Muslims governed by the Muslim system of jurisprudence. The contention put forward on behalf of the fourth defendant-appellant is that the learned Judge has failed to appreciate the Muslim. Law of intestate succession and has proceeded to apply the Roman-Dutch Law. This contention appears to be sound.

Counsel for the other respondents sought to seek an avenue of escape from thi