HEIRS OF ABDEL RAHMAN MOHAMMED GUBARA, Appellants- Defendants v. NIAMA BINT FADL EL SID,• Respondent-Plaintiff
Prescription-Wife against husband-Possibility of
It is impossible to establish prescription between husband and wife
during their life time and while they are on good terms.
Prescription and Limitation Ordinance 1928, s. 4 (3) and (8).
Revision
1934. Owen C.J.: This appeal must be allowed and the order
of the district judge set aside. The plaintiff claimed two kirats, which
she said had been given her by way of sadag by her late husband who
died in 1932. The court appears to have ignored her claim under the
wasiga of sadag and treated it as a claim under the Prescription and
Limitation Ordinance of 1928. It was not a claim to land under that
Ordinance at all, and even if it was, it could not possibly succeed.
The district judge himself says in his judgement-"It is very difficult
to- establish prescription between husband and wife during their life-
time and whilst they were enjoying good terms." It is not "very
difficult." It is impossible, as an examination of the Ordinance itself
will show.
* Court: Owen c.r.
The decree must be set aside and judgement entered for the de-
fendants on the issue of prescription.
I can find no decision or finding of fact or law with regard to the
claim under the issue of sadag, and the plaintiff may apply to the dis-
trict court for such decision or finding if she wishes.
Application allowed