Mohamed Cassim V. Abdul Jabbar Et Al

1951 Present: Basnayake J. and Gunasekara J.

MOHAMED CASSIM, Appellant, and ABDUL JABBAR et al.,
Respondents

S. C. 115-D. C. Kandy, 1,556

Muslim Law-Conditional gift- Validity.

Where a Muslim made a gift of certain premises to another Muslim subject to the condition that the donee should render all necessary assistance and succour to the donor so long as the latter lived and that after the donor's death the property should continue to remain in the donee and his heirs, executors, administrators and assigns

Held, that there was a valid conditional gift. In Muslim Law contingent gifts are void but conditional gifts are good.

APPEAL from a judgment of the District Court, Kandy.

H. V. Perera, K.C., with M. I. M. Haniffa and T. B. Dissanayake, for the plaintiff appellant.

H. W. Tambiah, with P. Somatilakam and S. Sharvananda, for the defendant respondent.

Cur. adv. vult.

October 10, 1951. BASNAYAKE J.-

The appeal in this case came up for hearing on the 19th of September, 1947, before Justices Canekeratne and Windham. It was decreed that: " If the defendant pays the costs of the contest in the court below and costs of ap

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