Noorul Muheetha V. Sittie Leyaudeen

[IN THE PRIVY COUNCIL]

1953 Present : Viscount Simon, Lord Morton of Henryton, Lord Cohen and Sir Lionel Leach

NOORUL MUHEETHA, Appellant, and SITTIE LEYAUDEEN et al., Respondents

PRIVY COUNCIL APPEAL No. 38 OF 1951

S. C. 374-D. C. Colombo, 2,997

Muslim law-Fideicommissum-Donation to minors-Acceptance by widowed mother-Validity-Applicability of Roman-Dutch law.

Where a fideicommissum in respect of immovable property was created by a deed of gift between Muslims and, the donees being minors, the gift was accepted on their behalf by their mother, who was a widow-

Held, (i) that the law applicable in determining the authority of the mother to accept the gift on behalf of her infant children was the Muslim law and not Roman-Dutch law.

Weerasekera v. Peiris (1933) 34 N. L. R. 2S1, distinguished.

(ii) that under the Muslim law as received in Ceylon, and in the circumstances of the particular case, the mother had the necessary authority to accept the gift.

APPEAL from a judgment of the Supreme Court reported in (1950) 51 N. L. R. 509.

Phineas Quass, Q.C., with Dingle Foot and S. Canagarayar, for the defendant appellant.

St

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