Sri Lanka Moor Family Genealogy
Oduma Lebbe Marikar
Alim O.L.M.A.L.M. + Kandu Umma - Family #30
Oduma Lebbe Marikar Ahmed Lebbe Marikar Alim (OLMALM Alim) was one of the wealthy amongs the Ceylon Moors in Colombo. He did extensive hardware business and was possessed of several immovable properties. He had several sons who managed each department of his businesses. He passed away in 1917 and his estate was valued at approximately two million rupees. When his last will was submitted to court some of his heirs contested it. The will was not proved and the Court declared that he had died intestate. The Supreme Court rejected the appeal and preparations were being made by the heirs to appela to the Privy Council. Some of the elders in the community advised them to stop legal proceedings and allocate the properties to the heirs. The parties concerned agreed to the selection of S.L.Naina-Marikar Hajiar as the arbitrator and his award was accepted as final.
0 Oduma Lebbe Marikar
1 Alim OLMALM + Kandu Umma
....2 Uduma Lebbe Marikar A.L.M.
....2 Abdul Wahab A.L.M.
....2 Abdul Raheem A.L.M. + Ummu Sadoona
..........3 Marzook Raheem + Jezima Joonoos
................4 Suhail Marzook + Ummu Fazeena
................4 Nawaz Marzook + Fathima Miliza Ameer
......................5 Aflathun Nawaz
......................5 Rabia Sadoona Nawaz
................4 Nismi Marzook + Shamsul Mackiya
......................5 Fathima Shanaz
................4 Ferooze Marzook
..........3 Ummu Aiyman Raheem + Haniffa Joonoos
................4 Ansar Joonoos + Badri Naina Marikar
......................5 Yamilka Joonoos + Idlal Bakir
......................5 Bayazad Joonoos
......................5 Haniffa Tabriz Joonoos
................4 Bishrun Joonoos + Mymoona Anver (40)
......................5 Thaeef Joonoos
......................5 Fathima Joonoos
......................5 Reesha Joonoos
................4 Sithy Zowhara Joonoos + Hussain Sufi-Ismail M.
......................5 Shiraz Sufi-Ismail
......................5 [77] Sadoona Shareez Sufi-Ismail + [78] Ashroff Farook (New Zealand)
............................6 [81] Muhammad Abid Farook
............................6 [82] Zainab Farook
............................6 [83] Hafsa Farook
......................5 Sa'adi Sufi-Ismail + Kareema Abdul Cader (Jeddah)
......................5 [84] Ahmed Irshad Sufi-Ismail + [85] Fathima Sameeha Gheyasdeen Mohideen (129)
............................6 [86] Muhammad Salman Sufi-Ismail
............................6 [87] Fathima Rukaiyya Sufi-Ismail
............................6 [88] Sumaiyya Sufi-Ismail
......................5 [73] Ameera Sufi-Ismail + [72] Rameez Ziard (180) (Saudi Arabia)
............................6 [74] Salma Ziard 1988 + Hassan, m:2007
............................6 [75] Nabeela Ziard 1989
............................6 [76] Raidha Ziard 1993
............................6 [76a] Saliha Ziard 1997
....2 [150] Abdul Majeed A.L.M. + [151] Nafeesa Umma Noordeen Hajiar (93)
..........3 Hussain Majeed + Noorul Hamza Idroos
................4 Firazath Hussain, Dr. + Shimla Ismail (Muscat, Oman)
......................5 Ahmed Saddam Hussain, did a double major in Computer engineering and Business administration and subsequently his MBA. He is currently working as a Director to a 6 billion dollar defence contractor ATK. + Chen Xinghua from China, Xinghua has a CPA and a MBA, She is a financial manager for Walt Disney
6 Deen Kamal Hussain, b: 2009 in LA, USA
......................5 Mohamed Talal Hussain, Talal, did his first degree at UCLA , and then his law at Loyola law school. He is practising lawyer.
................4 Abdul Hussain M.F. + Fathima Mumtaz
......................5 Meera Faris
......................5 Kabeer Faris
......................5 Mumtaz Suraya Faris
................4 Hameed Jabbar Hussain (Saudia Colombo)
..........3 Fakhrudeen Majeed + Haniya Mackeen
..........3 Ummu Rooma Majeed + Samsudeen S.T.M
................4 Mohideen M.S.M.
......................5 Ilham Mohideen
......................5 Badri Mohideen
................4 Ghouse M.S.M. + Fathima Thasneem
......................5 Nafeesa Riyaza Ghouse
..........3 [10] Sithy Sanina Majeed + [9] Jabir Noordeen (60,70)
................4 [11] Ameen Noordeen + [12] Imara Mohideen
......................5 [13] Hisham Noordeen
......................5 [14] Mursi Noordeen
......................5 [15] Ghazali Noordeen
................4 [16] Sideek Noordeen
................4 [17] Khadija Noordeen + [18] Nilamdeen
......................5 [19] Shiraz Nilamdeen
......................5 [20] Lemya Nilamdeen
......................5 [21] Shuhaib Nilamdeen
......................5 [22] Lafira Nilamdeen
................4 [23] Najmun Noordeen
................4 [24] Mymoon Noordeen
................4 [25] Nazli Noordeen
..........3 Hibshia Majeed + Rauff S.T.M.
....2 Hassim A.L.M. + Balkees Umma
..........3 Ashroff Hassim + Noor Wolida Idroos
..........3 Muthawakkil Hassim
..........3 Hamza Hassim + Ralina Careem
................4 Hussain Hassim
................4 Rizvi Hassim + Sithy Nafeera Mansoor
................4 Nihara Hassim + Hamza Zubair
......................5 Safan Zubair
......................5 Malika Zubair
................4 Misriya Hassim + Ifham Careem
......................5 Imran Careem
......................5 Farzana Careem
......................5 Fazneeya Careem
..........3 Ziard Hassim + Hafifa Idroos
................4 Faslin Ziard
..........3 Sithy Zowhara Hassim + Awoof A.A.M.
................4 Munawara Awoof + Neuman
......................5 Aslam Neuman
......................5 Naslam Neuman
......................5 Zahedi Neuman
......................5 Mahadi Neuman
......................5 Noor Hafeela Neuman
......................5 Irfan Neuman
................4 [68] Sithy Balkis Awoof + [67] Sulaiman Hassim (40)
......................5 [69] Hussain Sulaiman
................4 Fahriya Awoof + Rila Syed Ahamed
................4 Sithy Ayesha Awoof + Mohideen Yousoof
......................5 Ashroff Yousoof
......................5 Sharafaaz Yousoof
......................5 Rushda Yousoof
................4 Rizwiya Awoof + Syed Ahamed
......................5 Fazla Ahmed
......................5 Zeeniya Ahmed
................4 Zuhair Awoof + Ziyada Mohideen
......................5 Zihar Awoof
......................5 Zuhoora Awoof
..........3 Asma Hani Hassim + Muhammad Abdul Cader Abdul Rahman, . (Retd Principal, Zahira College, Slave Island & Hussain Al Hameedi MV, Col 10) (108)
................4 Muhammad Mohideen Rahman, Dr. + Faloona Mooseen (div)
................4 2nd
Spouse of Mohideen Rahman, Dr: + Fathima Cowla F
..............…...5 Muhammad Shabeen Rahman
.....................5 Fathima Shimla Rahman
................4 Vazeer
..............…...5 Ahmed Rizan Rila + F
..............…...5 Asma Rizan Rila
.................…5 Ahmed Rizni Rila
.....................5 Muhanmmad Rifdi Rila + Farsha Nizar
.....................5 Rif
................4 Vafir
..............…...5 F
.................……..6 Malik Abu Saheed
...................…....6 Murad Abu Saheed
.................4 2nd Spouse of Vafir
...............…..5 Ahmed Riham Fazli
.....................5 Ahmed Fawaz Fazli
....2 Izadeen A.L.M. + Ummul Hamza
..........3 Elias Izadeen
…2 *2nd spouse of Izadeen A L M: + Sithy Umma
....2 Haniffa A.L.M. + Ummu Jameela
..........3 Noor Jezima Haniffa + Muhammad A.L.M.
................4 Hassan Suhyle Muhammad + Hubaiba Abdul Cader
......................5 Nasrin Mariam Cader
......................5 Tarana Jameela Cader
................4 Shibli Abubucker Muhammad + Mumtaz Marikar
................4 Ibrahim Suyuti Muhammad + Fathima Badriya Kuthdoos
................4 Fathima Jiffriya Muhammad + Huzair Mahamoor
................4 Shahul Hameed Muhammad
..........3 Noor Thaliya Haniffa + Maharoof Z.A.M. (144)
................4 Jowfer Sadiq Maharoof + Zanooba Mansoor
......................5 Zimara Maharoof
......................5 Hasif Maharoof
................4 Nowfel Nawaz Maharoof + Zaharoon Nizar
5 daughter + Bishri Hussain (40)
6 Name Not KNown
................4 Ramzia Maharoof + Hamid Ariff (77)
......................5 Shamil Ariff
......................5 Shiham Ariff
......................5 Shuhaib Ariff
................4 Ashroff Maharoof
................4 Ismail Rizvi Maharoof + Noor Jehan
................4 Firdausi Maharoof + Muhammad Fairoze Hassan (17,21,90,93,96)
......................5 Muhammad Thabick Hassan
......................5 Fathima Thameena Hassan
......................5 Muhammad Thayyib Hassan
..........3 [41] Ahmed Mohideen Haniffa + [40] Fathima Hanoon
................4 [2] Fathima Hani Mohideen + [1] Ahmed Husain Ghouse (20,30,46,60,70,90,93)
......................5 [3] Muhammad Sa'ad Ghouse 1977
......................5 [4] Fathima Zeenath Ghouse 1982
......................5 [5] Rukaiya Ghouse
......................5 [6] Khalid Ghouse 1993
................4 [42] Muhammad Azmi Haniffa + [43] Shameera Azeezdeen
................4 [44] Haadhiya Haniffa
................4 [45] Rizna Haniffa
..........3 Sithy Zuhaira Haniffa + Jameel A.H.M.
................4 Haniya Jameel + Name not Known
................4 Abdul Azeez Jameel + Pauline (UK)
......................5 Hannah Jameel 1981
......................5 Azad Jameel 1985
................4 Fathima Zahira Jameel 1951 + Zunoon Noordeen 1954
......................5 Sarah Noordeen 1982
......................5 Sabah Noordeen 1986
................4 Faheema Jameel + Abdul Hafeel Mohammed Faris
................4 Hannah Jameel + Iqbal Badurdeen
......................5 Safiya Badurdeen
......................5 Ishrath Badurdeen
..........3 Sithy Rahila Haniffa + Farook M.H.M.
................4 [78] Ashroff Farook + [77] Sadoona Shareez Sufi-Ismail
......................5 [81] Abid Farook
......................5 [82] Zainab Farook
......................5 [83] Hafsa Farook
................4 Sithy Badriya Farook
................4 Ayesha Farook
..........3 [52] Khadijatul Badriya Haniffa + [51] Ahamed Jameel M.H.
................4 [53] Fathima Nafeesa Jameel + [54] Sulaiman Ghouse
......................5 [55] Haroon Irshad Sulaiman
......................5 [56] Fathima Mumtaz Mariam Sulaiman
......................5 [56a] Fathima Adhila Ilma Sulaiman
................4 [57] Fairoze Jameel + Maalika Vilcassim (99)
................4 [58] Ashroff Jameel +
Shahriza Hadi
(259)
5 [91] Fathima Ziyana Jameel +
Ahmed Infiaz Awoof ( s/o Awoof Salie),
m:Aug 2006
6 Aaliya Awoof
5 [92] Fathima Shakoorah Jameel
................4 [59] Ahmed Jameel + Khadija Amir
..........3 Noor Shakeeka Haniffa
..........3 Mohammed Issadeen Hamavi Haniffa, d:5 Aug 1986
....2 Ummu Habeeba A.L.M. + Abdul Careem Noordeen (60,70)
..........3 Raliya Umma Noordeen, + Muhammad Sameer bin Haji Ismail Effendi b:7.3.1890, d:21.11.1971 (20)
................4 Sithy Rameela Sameer + Ghouse, Abdul Wahab Muhammad (263)
......................5 Sithy Zulaiha Ghouse + Muhammad Huzair Zaheed d:Aug-8-2006 (73)
............................6 Noor Ruzna Zaheed + Muhammad Sahidulla
..................................7 Salman Sahidulla
..................................7 Shamail Sahidulla
..................................7 Sajjad Sahidulla
............................6 Muhammad Azad Zaheed + Mafaza
..................................7 Ahmed Masood Zaheed
......................5 Fathima Sadoona Ghouse + Ahmed Kabeer
......................5 Fouzul Inaya Ghouse + Muhammad Lafir
............................6 Fathima Raliya Lafir + Asger Ali Dawood m:Nov 3 2000 (309)
7 Amana Dawood
7 Akila Dawood
............................6 Ashiq Lafir + Haipha Zuhur Saleem (40)
......................5 Ummu Honey Ghouse + Hassan Zackariya
............................6 Sithy Hafsa Hassan + Muhammad Imamudeen Muhammad Shamil (173)
7 Aneesa Imamdeen
7 Aamina Imamdeen
7 Ayoob Imamdeen
............................6 Imran Hassan + Ilma Azhar (106)
7 Usman Hassan, b:2007
......................5 Muhammad Mohideen Siddiq Ghouse + Zenufathul Fenuza Zahir (148) d:May-26-2001
............................6 [89] Husain Shiham Ghouse + [90] Mufeeza Cassim (10,17,90,93)
.................................7 Muhammad Ghouse b:May-18-2001
7 Aaisha Ghouse, b:2005
......................5 [1] Ahmed Husain Ghouse + [2] Fathima Hani Mohideen (10,17,90,93)
............................6 [3] Muhammad Sa'ad Ghouse b:1977 + Name Not Known
7 Asma Ghouse
7 Lukman Ghouse
........................... 6 [4] Fathima Zeenath Ghouse b:1982 + Murshid
7 Zubair
............................6 [5] Rukaiya Ghouse
............................6 [6] Khalid Ghouse b:1993
................4 Mohammed Thahir Sameer 1914-1989 + Sithy Ryhanathul Marliya Rasheed b:1919 (10,13)
......................5 Mariya Mumtaz Sameer b:1945 + Muhammad Zuhair Muhammad
............................6 Nisthar Ali Muhammad b:1974
......................5 [153] Muhammad Fazli Hussain Sameer b:1948 + [154] Fathima Shirani Naleefa Ibrahim b:1949 (11,12,40)
............................6 Fathima Melina Sameer b:4 Feb 1975,
..................................7 Maria Admira Sheriff b:1994 in Canada
..................................7 Abdullah Yousry Sheriff b:1997 in Riyadh
............................6 Fathima Nadia Sameer,
......................5 Ahmed Firoze Sameer b:1950 + Qureisha Nizar b:1962 (d/o MYM Nizar, Attorney-at-Law)
............................6 Nabila Safra Sameer
............................6 Fathima Nafeesa Sameer (d)
............................6 Ahmed Yazdhan Sameer
4 *2nd Spouse of Mohammed Thahir Sameer 1914-1989: + Tulsi Shireen Pai (Bombay)
................4 Sithy Saleema Sameer + Sheriff M.M.
......................5 Muhammad Uvais Sheriff
............................6 Damien Sheriff
......................5 Muhammad Marzook Sheriff + Fazlyn Muhammad
............................6 Shaheena Sheriff
............................6 Asif Sheriff + Fathima Hasmin Cader, m:Jul-21-2006 (96,22, 106)
......................5 Rahmathul Khairiya Sheriff + Faizal M.J.M.
............................6 Mohammed Sameer Ferin Faizal
............................6 Fathima Sarah Faizal
......................5 Muhammad Fahmy Sheriff + Noor Fathima Zahir (148)
............................6 Farhad Sheriff
............................6 Firzan Sheriff
............................6 Fazil Sheriff
......................5 Sithy Faiza Sheriff + Reza Shawket
............................6 Mohammed Shazil Shawket
............................6 Noor Sameeha Shawket
......................5 Muhammad Irfan Sheriff + Najiya
............................6 Abdul Malik Sheriff
......................5 Muhammad Haniffa Sheriff* + Zahra Sakkaf (*twins)
............................6 Muhammad Ajmal Sheriff
............................6 Muhammad Almaz Sheriff
......................5 Fathima Hanoon Sheriff* + Shafiq (* twins)
............................6 Mohammed Shazli Shafiq
............................6 Isthiaq Ahmed Shafiq
................4 Muhammad Ismail Sameer 1919-1993 + Noor Faiza Zaheed (73)
......................5 Fathima Azmi Sameer + Ismeth Magdon-Ismail (14) (div)
............................6 Imran Magdon-Ismail
......................5 Kareema Sameer + Harraj
............................6 Nabeela Harraj
......................5 Muhammad Kamal Sameer + Siham Thawoos (div)
-----------------5 *2nd spouse of Muhammad Kamal: + Nihara Zachroff
............................6 Zahid Sameer
......................5 Fathima Zareena Sameer + Siraj Muhammad
............................6 Dinah Muhammad
............................6 Tariq Muhammad
......................5 Fathima Zahra Sameer + Niloufer (div)
5 *2nd spouse of Fathima Zahra: + Ifthikar Fakir
............................6 Anissa Fakir
................4 Noor Jazeela Sameer + Muhammad Ibrahim Naina-Marikar 1917-2004, d:Wed Jun 16, 2004 (13, 93)
......................5 Muhammad Rauf Hamidullah Naina-Marikar + Nazeeha
............................6 Fathima Naina-Marikar
............................6 Yunus Naina-Marikar
......................5 Fathima Naima Naina-Marikar + Azmi Muhammad
............................6 Rabia Muhammad (d)
............................6 Muhiyadeen Abdul Cader Ayad Muhammad + Fathima Nizreena Dean Ismail (100), m:23 Jun 2007 at Ran Muthu Hotel in Colombo
............................6 Akmal Muhammad
................4 Sithy Ameena Sameer + Muhammad Zain Naina-Marikar (93)
......................5 Sithy Ayeshathul Kubra Naina-Marikar + Mueenudeen
............................6 Shameema Mueenudeen
............................6 Shameem Mueenudeen
............................6 Sakeen Mueenudeen
............................6 Sabeeha Mueenudeen
......................5 Muhammad Moinudeen Naina-Marikar + Ruzana
............................6 Sajeda Naina-Marikar
............................6 Sheza Naina-Marikar
................4 Sithy Rahma Sameer + Muhammad Fareed Zaheed (73)
......................5 Muhammad Rizvi Zaheed + Shihama
............................6 Yunus Zaheed
......................5 Muhammad Riaz Zaheed + Sabriya
................4 Ahmed Farooq Sameer + Enayathul Mazeena Junaid (13,112)
......................5 [32] Noor Afzun Sameer + [31] Ahmed Noordeen (60)
............................6 [33] Fadia Noordeen
............................6 [34] Saidia Noordeen
............................6 [35] Emara Noordeen
......................5 Fathima Fahima Sameer + Elyas Magdon-Ismail (14)
............................6 Mohammed Ismadi Magdon-Ismail
............................6 Ahmed Yezdi Magdon-Ismail
......................5 Ashfaq Mahmood Sameer + Zaheena Mukthar (19)
......................5 Fathima Lamina Sameer + Ashiq Lafir
............................6 Raiha Lafir
................4 Muhammad Sadiq Sameer
................4 Sithy Khalisa Sameer + Muhammad Faleel Sheriffdeen
......................5 Fathima Azra Faleel + Rizwan, m:1998
………………..6 son
......................5 Muhammad Falih Faleel
..........3 Ummu Naima Noordeen + Ghouse A.M.
................4 Uzair Ghouse + Sithy Zohra
......................5 [8] Uvais Ghouse+ [7] Rumaiza Ghouse
5 *2nd spouse of Uvais: + Lafeera
......................5 Hamza
......................5 Fakira + Haniffa
......................5 Riyas
................4 Beebee Saida Ghouse + Thassim Z.A.M.
......................5 Ghouzul Anam + Noor Shafeeka Hassim
............................6 Ashrak
......................5 [7] Rumaiza Ghouse + [8] Uvais Ghouse
................4 Matheen Ghouse + Sithy Fathima Hassim d:Feb 21 2007 (10,71)
SITHY FATHIMA GHOUSE - Wife of Marhoom Abdul Matheen Ghouse, beloved mother of Shahul Hameed, Mazhar, Miqdam and Miswar, mother-in-law of Marhooma Farilla, Ryhan and Zulfiya. Janaza leaves residence at 10 a.m. for Burial to Maligawatte Muslim Burial ground. 36/5, Galle Rd., Bambalapitiya. DN Thu Feb 22 2007
......................5 [47] Shahul Hameed Ghouse + [46] Farilla Kamil (40)
............................6 [48] Rumaila Ghouse
............................6 [49] Faika Ghouse
............................6 [50] Faliha Ghouse
......................5 Mazhar Ghouse + Ryhan Aziz (52,69,140,142)
6 Sharmil Ghouse
6 Navid Ghouse
6 Aslam Ghouse
6 Nishard Ghouse
......................5 Mikdan Ghouse
......................5 Miswar Ghouse
................4 Aynul Husna Ghouse + Abdul Cader (Police)
......................5 Thufa Cader + Nazeer
......................5 Muina Cader + Jamaldeen
......................5 Ummu Cader + Farouk
............................6 Firoza
......................5 Badri Cader
......................5 [37] Ibrahim Cader + [36] Izeth Nareesa
............................6 [38] Ismail Cader
............................6 [39] Ishak Cader
......................5 Namazi Cader
......................5 Fathima Cader
................4 Sithy Ayesha Ghouse + Jamaldeen
......................5 Faiza Jamaldeen + Ghouse
............................6 Irshad Ghouse
............................6 Marliya Ghouse
4 *2nd Spouse of Sithy Ayesha Ghouse: + Mukthar
......................5 Azhara Mukthar + Shafi Sheriff (112)
............................6 Zakraf Shafi b:1975 + Fathima Thameena Hassan (21)
7 Name Not Known
7 Name Not Known
7 Name Not Known
......................5 Yousoof Mukthar + Rizna
................4 Sithy Saliha Ghouse + Abdul Rahman
......................5 Maria Mumtaz Rahman* + Mustapha (*twins)
............................6 Zuhaira Mustapha
............................6 Mulafir Mustapha
......................5 Haniya Rahman* + Nazeer (*twins)
......................5 Jowzi Nazeer
......................5 Jiffri Nazeer
................4 Sithy Halima Ghouse + Thavoos Z.A.M.
......................5 Irfan Thavoos + Sithy
......................5 Zeenathun Nifaya Thavoos + Muhammad Khalid Shariff (112)
............................6 Hikam Khalid
......................5 Shahul Hameed Thavoos
................4 Fathumuthu Zohra Ghouse + Bakir M.
......................5 Badri Bakir
......................5 Hassanath Bakir
......................5 Hassenally Bakir
......................5 Hilmi Bakir
................4 Noor Huzaima Ghouse + Hussain Razik M.
......................5 Wajeeha Hussain + Suhail Azeez
............................6 Shaista Azeez
............................6 Shazhina Azeez
......................5 Faiz Hussain Yousoof, d:Dec 26 2004 (Tsunami Tidal Wave of Hambantota) + Zehana Zafferdeen
....................……6 Iqbal Yousoof
....................……6 Ilma Yousoof
YOOSOOF - AL-HAJ FAIZ Dearly beloved son of late Hussain Razick and Noor Huzaima, loving husband of Zehana, loving father of Iqbal and Ilma, beloved brother of Wajeeha, Fareena and late Iqbal, son-in-law of late Zafferdeen and Sithy Zavahira, brother-in-law of Suhail, Muhthassim, Nelufa, Azmiya, Rifka, Rinza, Roshana and Imtiyaz. Janaza took place on Tuesday 28th December at Hambantota, Jummah Mosque. 40 - 3/2, Galle Road, Colombo 06. SO Jan 2 2005
......................5 Farina Hussain + Muhtassin Awoof
....................……6 Nadia Muhtassim
....................……6 Noor Muhtassim
....................……6 Bilal Muhtassim
......................5 Iqbal Hussain
..........3 Zubaida Umma Noordeen + Deane M.S.M.
................4 Sithy Rahila Deane + Jamaldeen M.Y.M.
......................5 Lareef Jamaldeen + Fahima Anver
............................6 Iskra Lareef
............................6 Rieka Lareef
......................5 Razeena Jamaldeen + Amirali
......................5 Ramziya Jamaldeen
......................5 Mohideen Jamaldeen
................4 Jamal Deane M. + Sithy Fahima
......................5 Mohideen Jamaldeen
......................5 Naima Jamaldeen
......................5 Nafeesa Jamaldeen
......................5 Riyaza Jamaldeen
................4 Noor Saida Deane d:1998 + Anver Aboobucker
......................5 Hanoon Aboobucker
................4 Nazeeha Deane + Mujahid M.Y.M.
......................5 Rizviya Mujahid
......................5 [137] Zeeniya Mujahid + [138] Ahmed Imran Fekhrishta Saleem (40,128,129)
......................5 Fazeena Mujahid
................4 Hussain Deane M.+ Sithy Khadija Mohideen d:2000
......................5 Misuar Hussain Deane + Shihara Ahamed (52 ,140 )
6 Yaqub Deane
......................5 Meroza Hussain Deane + Pharis Jazeel
6 Hafsa
6 Ayub
..........3 Abdul Careem Noordeen , bachelor
..........3 Zulaiha Noordeen + Alie I.L.M.
................4 Noor Hidaya Alie + Abdul Azeez
......................5 Muhammad Alie
......................5 Hafeera Alie
4 *2nd spouse of Noor Hidaya: + Badurdeen
......................5 Nazeera Badurdeen
......................5 Halaldeen Badurdeen
......................5 Anver Badurdeen
............................6 Asma Badurdeen
................4 Sithy Ryhan Alie + Shahul Hameed
......................5 Kareema Hameed
......................5 Mohideen Hameed
................4 Khyrun Nissa Alie + Junaideen
......................5 Humudeen Junaideen
......................5 Mariam Junaideen + Leaf
......................5 Alimudeen Junaideen
......................5 Shujadeen Junaideen
......................5 Mumtaz Junaideen
................4 Sithy Ghouzia Alie + Huzile
......................5 Zafra Huzile
......................5 Safiya Huzile
......................5 Saffana Huzile
................4 [27] Muhammad Idroos Alie + [26] Sadoona Raliya Noordeen
......................5 [28] Rafiya Alie
......................5 [29] Rizana Alie + Husnie Jazeel (242)
......................5 [30] Ramiza Alie
..........3 Jameela Noordeen, 1902-2002 + Jamaldeen Abdul Careem (90)
................4 Muhammad Sideek Jamaldeen + Zaharun Nissa
......................5 Zuhdi Sideek
......................5 Rizni Sideek
......................5 Shihan Sideek
................4 Muhammad Haniffa Jamaldeen + Sadoona
......................5 Muzni Haniffa
......................5 Riyaza Haniffa
................4 Sithy Ameena Jamaldeen + Sulaiman M.S.M.
......................5 Rushdi Sulaiman
......................5 Farhan Sulaiman + Sameeha Cader (21,96,102,106)
................4 Noor Azima Jamaldeen + Razik M.
......................5 Rifa Razik
..........3 Ummu Salma Nooreen + Lafir S.L.M.
..........3 [9] Jabir Noordeen + [10] Sithy Sanina Majeed
................4 [11] Ameen Noordeen + [12] Imara Mohideen
......................5 [13] Hisham Noordeen
......................5 [14] Mursi Noordeen
......................5 [15] Ghazali Noordeen
................4 [16] Sideek Noordeen
................4 [17] Khadija Noordeen + [18] Nilamdeen
......................5 [19] Shiraz Nilamdeen
......................5 [20] Lemya Nilamdeen
......................5 [21] Shuhaib Nilamdeen
......................5 [22] Lafira Nilamdeen
................4 [23] Najmun Noordeen
................4 [24] Mymoon Noordeen
................4 [25] Nazli Noordeen
..........3 Ahmed Sheriff Noordeen + Noor Zahira Ahmed Lebbe Marikar, d:Apr 29 2006 (272)
NOORDEEN - NOOR ZAHIRA Beloved wife of Ahmed Sheriff, daughter of late Mr & Mrs Ahmed Lebbe Matikar (D-I-L) of late Mr & Mrs A.C. Noordeen, everloving mother of Sadoonath Reliya, Ahamed Noordeen (Sharjah), Izzeth Nafeesa, Noor Shakira, Sithy Marliya and Sithy Nuzha (M-I-L) of late Idroos Allie, Noor Afzun, M.A.C.M. Ibrahim, S.H.A. Nizamdeen. A.S.M. Ismail and A.K. Rafai, Nawfar, loving sister of late Razee, late Mullafer, late Nazim, late Thahir and late Mahsoom, grandmother of Fathima Rafeea, Rizana, Rameeza, Fadio, Saeeda, Imarah, Ismail, Ishak, Yahya, Zainab, Lukman, Aaysha, Irshad, Irfana, Ravshan and Khulsum, grand (M-I.L) of Ramzee Reyal, Husnie Jazeel, Moomina and Hamziya, great grandmother of Sumayyah, Bilal, Khadija, Mubeena, Saarah, Hafiz, Hafsa and Asma. Janaza took place on Sunday the 30th of April at the Dehiwala Muslim Burial Ground. 14/9, Auburn Side, Dehiwela. SO May 7 2007
................4 [26] Sadoonath Raliya Noordeen + [27] Muhammad Idroos Allie, d:Mar 2006
......................5 [28] Fathima Rafeea Allie + Ramzee Reyal
......................5 [29] Rizana Allie + Husnie Jazeel (242)
......................5 [30] Rameeza Allie
................4 [31] Ahmed Noordeen + [32] Noor Afzun Sameer (20,13,46,60,70,90,93)
......................5 [33] Fadia Noordeen
......................5 [34] Saidia Noordeen
......................5 [35] Imarah Noordeen
................4 [36] Izeth Nafeesa Noordeen + [37] MACM Ibrahim
......................5 [38] Ismail Ibrahim + Moomina
......................5 [39] Ishak Ibrahim + Hamziya
................4 Noor Shakira Noordeen + SHA Nizamdeen
................4 Sithy Marliya Noordeen + ASM Ismail
................4 Sithy Nuzha Noordeen + AK Rafai
..........3 Sithy Fathima Noordeen + Wadood M.A.L.(Alutgama)
................4 Abdul Azeez Wadood
................4 Halima Hanim Wadood + Ibrahim
......................5 Moomina Ibrahim
......................5 Adila Ibrahim
................4 Noor Mazina Wadood + Inayathulla
......................5 Rushda Inayathulla
......................5 Nusrath Inayathulla
................4 Azmina Mumtaz Wadood + Ruwaiz
................4 Hussain Mohideen Wadood
....2 Rahila Umma I.L.M. + Abdul Hameed A.L.M. (10)
..........3 Razeena Umma A.H.M. +Abdul Rahman A.L.M.
................4 Muhammad Sufiyan A.R.
................4 Muhammad Dhahlan A.R. + Sithy Nasooha K.B.M.I.
......................5 Noor Fareeda Dhahlan + Muhammad Basheer Ahamed
............................6 Muhammad Ahmed
............................6 Fathima Ahmed
......................5 Muhammad Rizvi Dhahlan
................4 Sithy Zanooba A.R. + Zarook A.R.M.S. Dr.
......................5 Zufer Zarook
................4 Sithy Marzoona A.R. + Naleer M.S.M.
......................5 Fowzun Naima Naleer + Jiffry
......................5 Mufti Naleer + Shanaz
......................5 Mizhar Naleer
......................5 Maziya Naleer
......................5 Aynul Yakeena Naleer
..........3 Junaid A.H.M. + Noor Nazeela Shariff 1903-1994 (10,13)
................4 Aynur-Riyaya Junaid + Salih M.I.M.
......................5 Fathima Muzni Salih
......................5 Fathima Farooza Salih
................4 Mohideen Junaid + Hareesa Uvais
................4 Badry-Nissa Junaid + Abdul Hameed Mohideen
......................5 Hisham Mohideen
......................5 Zulaiha Mohideen
......................5 Nihad Mohideen
................4 Mumtaz-Jamal + Jiffry M.M. (81)
......................5 Fathima Shyama Jiffry + Husnul Hana
......................5 Fathima Sherooza Jiffry + Muhammad Sabry Suhail
......................5 Fathima Sharmila Jiffry + Muhammad Reza Sameen
......................5 [61] Fathima Shehara Jiffry + [60] Muinudeen bin-Muhammad (111)
......................5 Fathima Sabeera Jiffry + Ifthiqar Muhammad Farook (10)
......................5 Muhammad Sabry Jiffry
......................5 Muhammad Hussain Jiffry
................4 Nazneen Junaid + Waffa I.L.M.
......................5 Muhammad Rizwan Waffa
......................5 Fathima Rizwiya Waffa
......................5 Muhammad Rushdi Waffa
......................5 Muhammad Ruzaik Waffa
................4 Niloufer Junaid + Idroos Anis
......................5 Muhammad Faizal Idroos
..........3 Noor Zahira A.H.M. + Hassim S.L.M.
................4 Muhammad Sulaiman Hassim + Azeema Salahudeen (34,35)
......................5 Zeeniya Hassim + Muhammad Frouze Saheed
............................6 Bathool Saheed
............................6 Shameema Saheed
......................5 Muhammad Azeemudeen Hassim
......................5 Muhammad Izhar Hassim
......................5 Rehana Hassim
................4 Muhammad Zareen Hassim + Mackiya Saheed
......................5 Akram Hassim + Sithy Maleeha Farook
............................6 Muhammad Murshid Hassim
............................6 Muhammad Naguib Hassim
............................6 Fathima Sheharazade Hassim
......................5 Najeem Hassim + Nabeela Hussain
......................5 Shaha Hassim
................4 Muhammad Nawaz Hassim + Naseema A.L.M.M.
......................5 Irshad Hussain Hassim + Fawzia Moosin
............................6 Fathima Fizna Hassim
............................6 Muhammad Imran Hassim
................4 Muhammad Ozeer Hassim + Sithy Rawla A.L.M.M.
......................5 Muhammad Mohideen Hassim
......................5 Muhammad Rafi Hassim
......................5 Muhammad Ifthikar Hassim
......................5 Muhammad Imthiaz Hassim
................4 Sithy Rahila Hassim + Jaward M.F.A. (50)
......................5 Muhammad Iqbal Jaward + Fathima Riyaza Mohideen
............................6 Fathima Mazneena Jaward
............................6 Ahmed Shamli Jaward
......................5 Muhammad Inayath Siddiqui Jaward
......................5 Fathima Afreeha Jaward
......................5 Ahmed Aflal Jaward
................4 Muhammad Muzammil Hassim + Ummu Safiya A.R.M.L.
......................5 Muhammad Ismeth Hassim + Fathima Jesmin Nasir
......................5 Fathima Dina Hassim
..........3 Ummu Naleefa A.H.M. + Zahir A.H.M.
................4 Izzun Naleer + Mawirathul Khairiya
......................5 Ahamed Hasheem Naleer
......................5 Saad Naeema Naleer + Shiraz Salih
............................6 Ahmed Salih
......................5 Rushana Nizreen Naleer
......................5 Razia Nuzhath Naleer
......................5 Ajmal Hamid Naleer
................4 Sadun Naima Zahir
..........3 Ummu Jazeela A.H.M. + Cassim A.H.M. (17)
................4 [40] Fathima Hanoon Cassim + [41] Ahmed Mohideen
......................5 [2] Fathima Hani Mohideen + [1] Ahmed Husain Ghouse (20,46,60,70,90,93)
............................6 [3] Muhammad Sa'ad Ghouse 1977
7 Asma Ghouse
7 Lukman Ghouse
............................6 [4] Fathima Zeenath Ghouse 1982 + Murshid
7 Zubair
............................6 [5] Rukaiya Ghouse
............................6 [6] Khalid Ghouse 1993
......................5 [42] Muhammad Azmi Mohideen +[43] Shameera Azeezdeen
......................5 [44] Haadhiya Mohideen
......................5 [45] Rizna Mohideen
................4 Hussain Sirri Cassim, Dr. + Fathima Rizona Hathy
......................5 Mariam Cassim + Muhammad Imamudeen Muhammad Shamil (173)
......................5 [90] Mufeeza Cassim + [89] Muhammad Husain Ghouse (20,46,60,70,90,93)
...........................6 Muhammad Ghouse b:May-18-2001
..........3 Rafeek A.H.M. + Shafika A.H.H.
................4 Suhadha Rafeek + Moosin A.R.M.S.M.
................4 Hussain Fahmy Rafeek
................4 Rifky Rafeek
................4 Mufaakira Rafeek
..........3 Ashroff A.H.M. + Noor Marzooka Sheriff d:Feb 2007 (10,13)
................4 Farahana Ashroff + Mansoor Y.L.M.
......................5 Muhammad Rumzi Mansoor
......................5 Muhammad Rumi Mansoor
................4 Sheriff Fahmy Ashroff
....2 [135] Ummu Nafeesa I.L.M. + [136] Wapu Marikar Hassim JP (1880-1960) (#40)
..........3 Noor Naseema Hassim + Wahid Sahib Thamby Ahmed
..........3 Muhammad Thaifoor Hassim + Noor Jameela Marikar Bawa (62,80,90)
................4 Noor Nissa Hassim + Zubair Mackeen M.
......................5 Shamim Akhtar Mackeen + Imka Hashim (13 , 214 )
6 Hazik Mackeen
6 Afeef Mackeen
......................5 Ahmed Sajid Mackeen + Ayesha
6 Rashard
................4 Hussain Kemal Hassim (decd in UK)
................4 Ismet Ghouse Hassim + Sithy Nalifathul Faizath Hasheem (273)
......................5 Arthifa Ziyana Hassim
......................5 Muhammad Afthab Hassim
................4 Sithy Zohera Hassim + Saeed A.M.M.
5 Shahzade Saeed + Hilmy Zainudeed
6 Hafeez
6 Fadhil
6 Naheed
5 Zakir Ali Saeed
5 Farah Azka Saeed + Nowzer Fowzy
6 Akeela Fowzy
6 Aneesa Fowzy
................4 Azhara Hassim + Hamza Zaheed Proctor (73)
.........…...... 5 Fathima Dheena Zaheed + Shiraz Kaleel
6 Sabry Kaleel
6 Adhil Kaleel
6 Shukri Kaleel
....................5 Muhammad Imran Zaheed + Shiraza Rishard
6 Amina
6 Rushdi
....................5 Ahmed Irfan Zaheed (Attorney-at-Law) + Jamaliya Razeen Salih
6 Son
6 Son
....................5 Fathima Nasreen Zaheeed + Yehiya
....................5 Fathima Narmin Zaheed + Ramiz
6 Sulaiman
6 Jameela
....................5 Muhammad Ehsan Zaheed + Fathima
6 Thalib
....................5 Muhammad Farzan Zaheed
....................5 Fathima Askiya Zaheed Attorney-at-Law
................4 Thahira Hassim + Fazi A.R.M. (d:Jun-19-2000) (s/o MCA Raheem of Kandy) (191)
......................5 Muhammad Firaz Fazi + Nusra Nijar
6 Khadija Firaz Fazi
......................5 Muhammad Faris Fazi
......................5 Muhammad Faheem Fazi
......................5 Fathima Nazneen Fazi + Arquil
......................5 Muhammad Farzad Fazi
................4 [63] Nazli Hassim + [62] Rizwi Sadiq
......................5 [64] Fathima Saniya Sadiq + [79] Nazmi Jabeer
6 Nazeeha Jabeer
......................5 [65] Fathima Shihama Sadiq + [80] Muhammad Husni Ghouse (10)
6 Mahdi
6 Mariam
......................5 [66] Mumtaz Fazeena Sadiq Rahmathulla
6 Areeb
................4 Ummul Khyr Hassim + Nazeer Hussain
......................5 Fathima Azmina Hussain + Najil Farook
6 Tariq Farook
6 Hasna Farook
......................5 Muhammad Afzal Hussain + Fazmin Afwan
......................5 Yasmin Aadila Hussain + Reza Wadood
......................5 Aasif Wahid Hussain
................4 Munir Hassim + Rehana Sakkaf
…………… 5 Ejaz
................4 Mumtaz Hassim + Faisal M.A.M.Proctor
......................5 Yusuf Ahsan Faizal
......................5 Fathima Mubeena Faisal Attorney-at-Law + Imran Farook
................4 Shahul Hameed Ifthikar Hassim Advocate + Fathima Sahiya Abdulla
......................5 Fathima Amriya Hassim + Zakir Mihilar (31,214,215)
……………..5 Ashiq Hassim
…………… 5 Ashna Hassim
…………… 5 Amani Hassim
................4 Sithy Zulaikha Hanoon + Marikar M.S.M.
......................5 Fathima Mariam Marikar
......................5 Fathima Ilma Marikar
......................5 Fathima Naaila Marikar
................4 Shireen Hassim + Nasry A.M.A.
......................5 Fathima Sarah Nasry
5 Laila Nasry
................4 Muhammad Ghouzul Faizeen Hassim + Fathima Moreena Salih (40,58)
5 Muhammad Nabeel Faizeen Hassim
..........3 Kamil M.H.M. + Sithy Ruzeimoona
................4 Zain-Us-Sharaf Kamil + Bafiq M.T.M.
......................5 Ashroff Bafiq
................4 Fathima Thasneem Kamil + Ghouse M.S.M.
................4 Noorul Azmi Kamil + Hilmi Farook Thahir (10)
......................5 Muhammad Fawzaan Thahir
......................5 Muhammad Farill Thahir
................4 [46] Farilla Kamil + [47] Shahul Hameed Ghouse
......................5 [48] Rumaila Ghouse
......................5 [49] Faika Ghouse
......................5 [50] Faliha Ghouse
................4 Zuhrifa Kamil + Obaid-Ul-Wahid Saleem
......................5 Haipha Zuhur Saleem + Ashiq Lafir (263,20)
......................5 Zawkiya Saleem
................4 Omer Zuraik Kamil + Ojeeda Zuraika Siddiq (21,96)
......................5 Ziyam Kamil
5 son
..........3 [51] Ahamed Jameel M.H. + [52] Khadijatul Badriya
................4 [53] Fathima Nafeesa Jameel + [54] Sulaiman Ghouse
......................5 [55] Haroon Irshad Sulaiman
......................5 [56] Fathima Mumtaz Mariam Sulaiman
......................5 [56a] Fathima Adhila Ilma Sulaiman
................4 [57] Fairoze Jameel + Maalika Vilcassim (99)
................4 [58] Ashroff Jameel +
Shahriza Hadi
(259)
5 [91] Fathima Ziyana Jameel +
Ahmed Infiaz Awoof ( s/o Awoof Salie),
m:Aug
6 Aaliya Awoof
5 [92] Fathima Shakoorah Jameel
................4 [59] Ahmed Jameel + Khadija Amir
3 *2nd spouse of Ahamed Jameel M.H.: + Noor Hafeela Haniffa
..........3 Sithy Latheefa Hassim, d:June 19 2006 + Jameel A.J.M.
................4 Jowzy Jameel + Rushna Sanoon
..........3 Mohideen Muhammad Hassim Muhammad
................4 Munira Mohideen + Hassan Bin Ghouse (111)
......................5 [60] Muinudeen Ghouse + [61] Fathima Shehara Jiffry (10,13,81)
................4 Farahana Mohideen + Faizal Jiffry Hassim
................4 Irfan Shibly Mohideen + Zeena Zabeedi Bin-Hassan (111)
..........3 Noor Naima Hassim + Sadiq A.J.M.
................4 [62] Rizwi Sadiq + [63] Nazli Hassim
......................5 [64] Fathima Saniya Sadiq + [79] Nazmi Jabeer
......................5 [65] Fathima Shihama Sadiq + [80] Muhammad Husni Ghouse (10)
......................5 [66] Mumtaz Fazeena Sadiq
................4 Ismet Sadiq + Ummu Kulthum
..........3 Ameen Muhammad Hassim Muhammad + Sithy Ayesha Muhammad
................4 [71] Shahul Hameed Aslam Ameen + [70] Sithy Shireen Mohideen
......................5 Nafeesa Aslam
......................5 Ahmad Aslam
................4 Amjad Ameen + Feroza Gaffoor (20)
...........................6 Ayesha Ameen
..........3 [67] Sulaiman Hassim + Marzoona Abdeen (81)
................4 Yasmin Hassim + Rasool Ahmed Rahman (10,95)
......................5 Fathima Hafsa Rahman
......................5 Muhammad Hadi Rahman
......................5 Sara Hanoon Rahman
................4 Naaz Hassim + Fouze Saheed (d)
4 *2nd Spouse of Naaz Hassim: + Fenuzi Hameed (UK) (77)
................4 Ferial Hassim Hassim
................4 Rumy Hassan Hassim (d:1995)
................4 Iqbal Hassan Hassim
3 *2nd spouse of Sulaiman Hassim: + [68] Sithy Balkis
................4 [69] Hussain Hassim
....2 Basika Umma A.L.M. + Khalid A.M.M.
..........3 Noor Sanina + Faleel D.L.M.
................4 Zuhair Faleel + Inaya
......................5 Fathima Rezona Zuhair
......................5 Ahmed Aroos Zuhair
................4 Azeez Faleel + Zeenia Salih (58)
......................5 Firzan Faleel
......................5 Tharik Faleel
..........3 Ghouse M.K.M. + Noorul Afifa
................4 [54] Sulaiman Ghouse + [53] Fathima Nafeesa
......................5 [55] Haroon Irshad
......................5 [56] Fathima Mumtaz Mariam
......................5 [56a] Fathima Adhila Ilma Sulaiman
1 2nd spouse of Alim 30-O.L.M.A.L.M.: + Sithy Ayesha
....2 Thassim A.L.M. + Noor Hafeela
..........3 Shahul Hameed Thassim + Hunaiza Ismail (104)
..........3 2nd Spouse of Shahul Hameed Thassim + Nafeesa Ismail (104)
4 Sithy Faiza Thassim + Humaid Ismail (div)
5 Ahmed Faliq Ismail + Indri Dwi Puspasari (Indonesian)
5 Ahmed Ishrat Ismail
5 Ahmed Wasaam Ismail
4 2nd Spouse of Sithy Faiza Thassim + Ajward Shariz (USA)
................4 Hafzal Shahul Hameed
................4 Shamila Shahul Hameed
..........3 Sithy Khalida Thassim + Faizal
................4 Hassan
---2 *2nd spouse of Thassim A L M: + Sithy Ghanima
..........3 Ahmed Thassim + Zinda
................4 Ashroff Thassim
................4 Bathul Thassim
..........3 Hassan M.T.M. + Sithy Sharifa
................4 Malik Hassan
................4 Imran Hassan
..........3 Sithy Ayesha Thassim + Hamza Zubair
................4 Abdul Rahman Zubair
................4 Rukshana Zubair
....2 Mushin A.L.M. + Khadija Umma
..........3 Zohara Muhsin + Sattar
................4 Zuraida Sattar + Zailayi
......................5 Zayan Zailayi
................4 Mafooza Sattar
................4 Rinoza Sattar
..........3 Cader Muhsin + Misriya
..........3 Barry Muhsin 1980 + Farina
................4 Fazliya Muhsin
................4 Rahiba Muhsin
................4 Nazliya Muhsin
................4 Misriya Muhsin
................4 Madia Muhsin
................4 Fazeer Muhsin
................4 Ahlak Muhsin
..........3 Sulaiman Muhsin
..........3 Shukri Muhsin + Atheeba
................4 Rihana Mushin
................4 Nasoordeen Muhsin
................4 Riyaza Muhsin
................4 Rifka Muhsin
..........3 Sithy Khairiya Mushin + Barzenji Atha (93,106)
................4 Ahmed Mohiuddin Barzenji
................4 Zeenath Barzenji
................4 Riza Barzenji
................4 Shainaz Barzenji
................4 Qaseeda Barzenji
................4 Hanida Barzenji
................4 Khadija Barzenji
....2 Sharifa A.L.M. + Mohideen S.L.M.
..........3 Ahmed Ismail Mohideen + Ummu Zahira
................4 Muhammad Jesmy Mohideen
................4 [70] Sithy Shireen Mohideen + [71] Shahul Hameed Aslam Ameen (40)
......................5 Nafeesa Aslam
......................5 Ahamad Aslam
..........3 Sithy Ayesha Mohideen
..........3 Muhammad Samsudeen Mohideen
..........3 Ummu Alaviya Mohideen + Burzook Zainudeen
................4 Muhammad Shaukath Zainudeen
3 *2nd Spouse of Ummu Alaviya Mohideen + Ziard M.S.M.
................4 Yasmin Suhaila Ziard
................4 Ayshathul Azma Ziard + Adham Ajward (74)
................4 [72] Rameez Ziard + [73] Ameera Sufi-Ismail
......................5 [74] Salma Ziard 1988 + Hassan, m:2007
......................5 [75] Nabeela Ziard 1989
......................5 [76] Raidha Ziard 1993
......................5 [76a] Saliha Ziard 1997
................4 Muhammad Mazzy Ziard
................4 Fathima Reena Ziard + Fahamy
................4 Mariam Ziard + Faizal
..........3 Muhammad Gheyasdeen Mohideen + Ummu Haseena Ameen (129)
................4 Muhammad Sabry Gheyasdeen Mohideen
................4 [85] Fathima Sameeha Gheyasdeen Mohideen + [84] Ahmed Irshad Sufi-Ismail
......................5 [86] Muhammad Salman Sufi-Ismail
......................5 [87] Fathima Rukaiyya Sufi-Ismail
......................5 [88] Sumaiyya Sufi-Ismail
................4 Yasmin Shahan Gheyasdeen Mohideen + Azzher Junaideen
......................5 Fathima Shazna Junaideen
......................5 Shabeera Azra Junaideen
......................5 Fathima Zahara Junaideen
................4 Ameen Shahjehan Gheyasdeen Mohideen
....2 Nusaiba A.L.M. + Assen Thamby Muhammad Mohideen (ATM) (46)
..........3 Sithy Alaviya Mohideen + Nilam I.L.M.M.
..........3 Ahmed Jiffry Mohideen + Sithy Haniyah
................4 Muhammad Musharaf Mohideen
................4 Fathima Fihama Mohideen
................4 Muhammad Mohideen
..........3 Sithy Aynul Hidaya Mohideen + Muhammad Shakir Naina-Marikar 1921 (93)
................4 Muhammad Rauff Naina-Marikar 1952
................4 Ahmed Fazal Naina-Marikar 1953
................4 Fathima Naina-Marikar 1956 + Muhammad Aslam Mohideen
................4 Mariam Naina-Marikar 1961
............…4 Mymoon Hidaya Naina-Marikar
..........3 Aynul Khadija Mohideen + Muhammad Khalid
................4 Fareena Khalid + Riyaz Farook
................4 Ruweena Khalid
................4 Shameema Khalid
..........3 [140] Sithy Fariha Mohideen + [141] Muhammad Hussain Kuthdoos
................4 Niroza Hameeda Kuthdoos + Muhammad Azahim
......................5 Yusri Azahim
......................5 Azmi Azahim
3 *2nd spouse of Sithy Fariha Mohideen: + Muhammad Saheed Muhammad Shafeek (s/o OLM Saheed & Sithy Khadija)
................4 Niroza Shafeek + Azahim
................4 Muhammad Hisham Shafeek + Imthiaz Muhsin
................4 Haseena Shafeek + Hemana
Obituary: Daily News Monday Dec 30 2002
SHAFEEK - AL-HAJ M.S.M. Son of late O.L.M. Saheed and Sithy Khadija, beloved husband of Sithy Fariha, son-in-law of late A.T.M. Muhiyadeen and Nusaiba Muhiyadeen, father of Niroza, Hisham (Expolanka), Haseena, father-in-law of Azahim (Colombo Concrete Works), Imtiaz Muhsin (Crescent Schools International), Hemana, brother of late Mohideen, late Nawaz, late Noorul Hamza, late Zainul Kulooda, Iynul Marliya, late Ummu Afeerah, late Binthi Mazahima, brother-in-law of late Mohideen, late Zavahir, late Saduk, late Hibishi, Noor Zain, Ummu Thahira, Jiffry, Shahul Hameed, Sithy Alavi, Iyn, Khadija, Fareeda, Zareena, Noor Lahira. Janaza leaves on Monday at 10.00 a.m. from 1, Rajasinghe Road for Dehiwala Muslim Burial Ground.
..........3 Ayeshathul Zareena Mohideen + Abul Mawahib
..........3 Noor Fareeda Mohideen + Muhammad Ajwad
................4 Muhammad Rifki Ajwad
................4 Irifathul Rizna Ajwad
................4 Ruzana Ajwad
................4 Dawood Mifra Ajwad
..........3 Noor Lahira Mohideen + Zareen M.S.M.
................4 Amraz Zareen
................4 Fausina Zareen
..........3 Shahul Hameed Mohideen + Fathimathul Wazira Mohideen (61)
................4 Silmi Hussain Shahul Hameed
................4 Muhammad Sajjad Shahul Hameed
1 *3rd spouse of Alim O.L.M.A.L.M.: + Ne'emath Umma
....2 Sithy Raliya OLMALM + Ahamed Shamsi Lebbe Marikar (10)
..........3 Hamza Shums Ahamed + Therese Wijewardena
................4 Rowena Ahamed
................4 Roshan Ahamed
................4 Rifka Ahamed
................4 Falih Ahamed
..........3 Noor Thaha Ahamed + Unsun Sanoon Cader (95)
................4 Fathima Rizna Ahamed
................4 Rushdi Ahamed
................4 Saffraz Ahamed
..........3 Ne'math Subaida Ahamed + Feiroze Cassim (40)
................4 Zulaiha Cassim
................4 Ismail Cassim
3 *2nd spouse of Ne'math Subaida: Omar (UK)
..........3 Bathul Ahamed + Ahmed Mashood
................4 Shenaz Mashood
................4 Suraz Mashood
..........3 Fathima Mumtaz Ahamed + Wilson D. (UK)
................4 Steven Wilson
................4 Kevin Wilson
..........3 Bisreeya Zaharana Ahamed b:25 Feb 1948, d:27 July 2008 + Firoze Salim Ibrahim b:20 Feb 1948 (12,11,40)
................4 Fawaza Ibrahim
..........3 Muhammad Raffai Ahamed + Faiza
..........3 Inam Akhil Ahamed d:Nov 5 2008 + Zarana Sanoon Cader (93)
AHMED - INAM AKHIL Son of late S.L.M.H. Ahmed (Rahman Bros) & late Sithy Raleeha, beloved husband of Rozanna, Zarana, father of Milhan, Arafath, Najla, late Imran, Azwer & Siraj, father-in-law of Rameesa, Mariam, Tania, Femina, son-in-law of late Sanoon Cader & late Iyna Cader, brother of Shums, Thahar, Neemath (UK), Bathu (USA), Mumtaz (UK), late Bishni, late Raffai, Haddad (UK) & Badri, brother-in-law of Therease, Unsoon, Omar (UK), Derek (UK), Firoze (Saudi Arabia), Faiza, Azra, late Ansar Fuard, Farana (Australia) & Rushna (Australia). Janaza will take place on Wednesday 5th Nov at 10 a.m. Kuppiyawatte Muslim Burial Ground. 52, Frazer Avenue, Dehiwela. DN Wed Nov 6 2008
................4 Milan Ahamed
................4 Arafat Ahamed
................4 Imran Ahamed
................4 Najla Ahamed
……..3 *2nd spouse of Inam Akhil Ahamed: + Rozanna Sanoon Cader (93)
................4 Azwer Ahamed
................4 Siraj Ahamed
..........3 Muhammad Ghouse Haddad Ahamed + Fathima Azra
................4 Inthikab Ahamed
................4 Fadeena Ahamed
..........3 Fathima Badriya Ahamed + Ansar Fuard (59) d:2004
................4 Asif Fuard
1 Maimoona Umma OLMALM (Muratha Kanda) + Idroos Lebbe Marikar, (Goradial – who founded the company of ILM Noordeen Hajiar in 1840, the oldest Ceylon Moor business establishment in Sri Lanka, at No. 236, Main Street, Pettah)
....2 Noordeen Haji I.L.M. + Khadija Umma Sulaiman Lebbe (93)
........3 [152] Mymoona Umma Noordeen + [153] Wapu Marikar Abdul Jabbar (Hardware Merchant) (40)
4 Jameel A.J.M. + Sithy Latheefa Hashim (40)
5 Jowzy + Rushna Sanoon
4 Anver A.J.M.(b:23.10.1910 – d:1996) + Sithy Thahira Abdul Hameed
5 Mohideen Anver + Niloufer Nizar
5 Mymoona Anver + Bishrun Naeem Joonoos
6 Thaeef Joonoos
6 Fathima Joonoos
6 Reesha Joonoos
5 Sithy Kadhija Anver + Abdul Cader A.C.M. d:5 May 2009 (son of late A.L.M. Abdul Careem and late Ummul Faleela)
6 Afzal Abdul Cader + Noor Faiza
6 Shahizeena Abdul Cader + Hamza Nizar
AL HAJ A.C.M. ABDUL CADER Formerly attached to the Census and Statistics Department of Sri Lanka, son of late A.L.M. Abdul Careem and late Ummul Faleela, son-in-law of late A.J.M. Anver and late Sithy Thahira, beloved husband of Sithy Kadija, everloving father of Afzal and Shahizeena, father-in-law of Hamza, Nizar and Noor, Faiza, loving grandfather of Faadhil, Farhadh, Aathif and Afrah, brother of late A.C.M. Thahir, A.C.M. Ismail, A.C.M. Hafeel, Noor Naima, Adjwad, Mumina Ummah Hamza, Sithy Aisha Adjwad, Sithy Saida Mazahir, brother-in-law of M.A.M. Mohideed and Mymoona Joonoos. Janaza took place at No.21, Rajasinghe Road, Wellawatte at 5 p.m. on 6th May 2009 to the Dehiwela Muslim Burial Grounds. DN Thu May 7 2009
4 Sadiq A.J.M. + Noor Naima Hashim
5 Rizwi Sadiq + Nazli Hashim
6 Fathima Saniya Sadiq + Nazmi Jabeer
6 Fathima Shihama + Muhammad Husni Ghouse (10)
6 Mumtaz Fazeena
5 Ismet Sadiq + Ummu Kulthoom
..…3 [151] Nafeesa Umma + [150] Abdul Majeed A.L.M. (30)
.....…4 Hussain Abdul Majeed + Noorul Hamza Idroos
.....….. 5 Firazath Hussain, Dr. + Shimla Ismail
.......………6 Saddam Hussain
.....…..5 Abdul Hussain Muhammad Faiz + Fathima Mumtaz
.......………6 Meera Faris
.......………6 Kabeer Faris
.......………6 Mumtaz Suraya Faris
.....…..5 Hameed Jabbar Hussain
........4 Fakhrudeen Abdul Majeed + Haniya Mackeen
........4 Ummu Rooma Abdul Majeed + Samsudeen S.T.M
...........5 Mohideen M.S.M. + Ghaneemathus Saliya Hassan (40)
..........…..6 Shahul Hameed Ilham Mohideen
........……6 Noor Junaima Badri Mohideen
...........5 Ghouse M.S.M. (Bobby) + Fathima Thasneem Kamil (40)
............…6 Nafeesa Riyaza Ghouse
........4 Sithy Sanina Majeed + Jabir Noordeen (60)
...........5 Ameen Noordeen + Imara Mohideen
...........…6 Hisham Noordeen
...........…6 Mursi Noordeen
...........…6 Ghazali Noordeen
........….5 Sideek Noordeen
........….5 Khadija Noordeen + Nilamdeen
...........…6 Shiraz Nilamdeen
...........…6 Lemya Nilamdeen
...........…6 Shuhaib Nilamdeen
...........…6 Lafira Nilamdeen
........…5 Najmun Noordeen + Miss Moulana
........…5 Mymoon Noordeen
........…5 Nazli Noordeen
…...4 Hibshia Majeed + Rauff S.T.M.
…3 Ummu Husna Noordeen + Abdul Majeed Muhammad Cassim
........4 Muhammad Sheriff Cassim + Noor Haleemaa Abdul Latif (Kuruku Koli) (101)
...........5 Mymoona Cassim + Hilmy Bari
...........5 Fareeda Cassim
........4 Muhammad Hibshi Cassim (d: at 20 years of age)
........4 Muhammad Cassim Muhammad Sulaiman + Aynul Hinaya Muhammad
.....…..5 Khadija Husna Sulaiman + Muhammad Ismeth Nawaz Haniffa
......….5 Fowzul Amjad Sulaiman
........4 Zanooba alias Zainab Khadija Cassim + A.L.M. Fouze (101)
.....…..5 Irfan Fouze + Farahana Rilla (58)
................6 (daughter)* (*twins)
................6 (daughter)* (*twins)
................6 (son)
…3 Muhammad Salih Noordeen + Ramiza Yusuf
.........4 Mohideen (Bonnie) Salih + Noorul Hafila Mohideen (Kurumba Komba)
.....……..5 Razana Mohideen
.....……..5 Rifaya Mohideen
.......……5 Jiffrey Mohideen
.....…..…5 Reza Mohideen
.........4 Sithy Khadija Salih + Mihilar Mansoor
.....……..5 Asgar Ali Mihilar + Noor Naima Ismail
.....………..6 Sa’adiya Asgar Ali
.....……..5 Jezima Mihilar LLB (Attorney at Law) + Dr. Amjad Careem Haseeb
....2 Mariam alias Puwachi Umma (sister of ILM Noordeen Hajiar and also of Shekadi Marikar Cassim Lebbe Marikar’s wife) + Wapu Marikar Sheikh Marikar (40)
..........3 Safiya Umma Wapu Marikar + Uduma Lebbe Marikar A.L.M.
..........3 [153] Abdul Jabbar, Wapu Marikar + [152] Mymoona Umma Noordeen
................4 [93] Jameel A.J.M. + [94] Sithy Latheefa Hassim, d: Jun 19 2006
......................5 [95] Jowzy + [96] Rushna Sanoon
................4 Anver A.J.M.+ Sithy Thahira Abdul Hameed
......................5 Mohideen Anver + Niloufer Nizar
……………… 6 NAFRIN MOHIDEEN + SIHAAM HAMZA
………………… 7 AMAAN MOHIDEEN
………………… 7 USMAAN MOHIDEEN
……………… 6 MIROZA MOHIDEEN + IKRAM MANSOOR
………………… 7 INAAM MANSOOR
………………… 7 AZIM MANSOOR
………………… 7 FAHIM MANSOOR
……………… 6 RUMAIZ MOHIDEEN + HASNAH ABDUL CADER (22,96,106)
………………… 7 MALEEHA MOHIDEEN, b:2001
………………… 7 NABEEHA ABDUL CADER, b:2004
......................5 Mymoona Anver + Bishrun Joonoos
............................6 Thaeef Joonoos
............................6 Fathima Joonoos
............................6 Reesha Joonoos
5 Sithy Kadhija Anver + Abdul Cader A.C.M. d:5 May 2009 (son of late A.L.M. Abdul Careem and late Ummul Faleela)
6 Afzal Abdul Cader + Noor Faiza
6 Shahizeena Abdul Cader + Hamza Nizar
................4 [97] Sadiq A.J.M. + [98] Noor Naima Hassim
......................5 [99] Rizwi Sadiq + [100] Nazli Hassim
............................6 [101] Fathima Saniya Sadiq + [102] Nazmi Jabeer
..................................7 Nazeeha Jabeer
............................6 [103] Fathima Shihama Sadiq + [104] Muhammad Husni Ghouse (10,80)
..................................7 Mahdhi Ghouse
..................................7 Mariam Ghouse
............................6 [105] Mumtaz Fazeena Sadiq + Rahmathulla
..................................7 Areeb Rahmathulla
......................5 [106] Ismet Sadiq + [107] Ummu Kulthoom
..........3 Habeebathuz Zohra Wapu Marikar + Sahib Thamby (65)
................4 [108] Wahid S.T.A. + [109] Noor Naseema
................4 Samsudeen S.T.M. + Ummu Rooma
......................5 [110] Mohideen M.S.M. + [111] Ganeemathul Saliha Hassan
............................6 [112] Ilham Mohideen + [113] Rifa
............................6 [114] Badri Mohideen + [115] Zubair
......................5 [71] Ghouse M.S.M. + [70] Fathima Thasneem Kamil
............................6 [72] Nafeesa Riyaza Ghouse
................4 Rauff S.T.M. + Hibshia
................4 Noor Nasiya S.T.+ Kuthdoos A.A. (65,115)
......................5 Athas Kuthdoos + Fathima Beebee
............................6 Fathima Badriya Kuthdoos + Ibrahim Suyuti Muhammad
......................5 [141] Hussain Kuthdoos + [140] Fariha Mohideen (46)
.......……….……..6 Niroza Hameeda Kuthdoos + Muhammad Azahim
....................…………..7 Yusri Azahim
....................…………..7 Azmi Azahim
.....................5 Jiffrey Kuthdoos + Sithy Khadija
............................6 Fakhriya Kuthdoos + Hibshi Khalid
............................6 Azhara Kuthdoos
............................6 Mumtaz Kuthdoos
............................6 Muhammad Rizwi Kuthdoos
............................6 Farahana Kuthdoos + Haffy Saheed
............................6 Ifthiqar Kuthdoos
............................6 Shireen Kuthdoos + Hassan Shariff
.................…5 Sakkaf Kuthdoos
............................6 Hameeda Kuthdoos
.....................5 Matheen Kuthdoos
..........3 Thaha, Wapu Marikar + Aziza Umma
................4 Saleema Thaha + Noordeen I.L.M. (24)
......................5 Idroos Noordeen + Farida Packir-Saibo
5 *2nd spouse of Idroos Noordeen: + Zehra Salih
............................6 Hilali Noordeen, Dr. + Samiya Shahabdeen
............................6 Khairiya Noordeen + Azhari Cader
..................................7 Shameem Cader
............................6 Rifki Noordeen + Rehana
......................5 [119] Muhammad Nuhman Noordeen + [120] Khairul Fareeda Saleem
............................6 [121] Yousoof Noordeen + [122] Farah Salih
..................................7 [123] Mariam Noordeen
..................................7 [124] Amina Noordeen
..................................7 [125] Aman Noordeen
............................6 [126] Dinazad Noordeen + [127] Malik Ashraff Ali
..................................7 [128] Nuhman Ashraff Ali
............................6 [129] Asger Ali Noordeen + Fathima Amana Sufi-Ismail m:1997
............................6 [130] Muhammad Ali Noordeen + Fathima Farwin Muhammad m:1997
......................5 Zamick Noordeen + Jiffriya Bin-Hassen
............................6 Rumuz Noordeen
............................6 Rushana Noordeen + Shiraz
............................6 Ruzna Noordeen
............................6 Rushad Noordeen
......................5 Mumtaz Noordeen + Hameed Ali Marikkar Abul Hassan
............................6 Ifthikar Hassan + Dr. Ameena Hassendeen
..................................7 Nadha Hassen
..................................7 Emad Hassen
............................6 Iqbal Hassan + Shamiron Ousmand
..................................7 Omar Hassan
..................................7 Bilal Hassan
..................................7 Hamza Hassan
..................................7 Mariam Hassan
..................................7 Zainab Hassan
6 *2nd Spouse of Iqbal Hassan: + Name not known (div)
............................6 Imran Hassan + Anusha
..................................7 Radhia Hassen
..................................7 Adhil Hassen
..................................7 Anjum Hassen
............................6 Irshad Hassan + Rizwana Nihar
..................................7 Isa Hassen
..................................7 Yunus Hassen
...............4 SITHY RAHUMA THAHA + MADER LEBBE MOMAMED CASSIM
.............…..5 ASMA HANIM CASSIM + MOHAMED RAZAK
.............……..6 MOHAMED ROSHAN RAZAK + SHIANI ZUBAIR
.............……..6 ROZANA RAZAK + NAZEERALLY FAROOK
.............……..6 SITHY RAHUMA REHANA RAZAK +M. ZUBAIR M.HILMY
.............…..5 MOHAMED MOHIDEEN CASSIM + FATIMA FAZLEA SALLY
.............……..6 ZAINAB ZAAHIRA CASSIM
.............……..6 MOHAMED YAKOOB CASSIM
.............……..6 MOHAMED ILYAS CASSIM
.............….5 MOHAMED NAWAZ CASSIM + SITHY HABIBA
....................….6 Nawaziya Cassim + Ayaz Jiffry
......................…..7 Rozana Jiffry
......................…..7 Rehana Jiffry
......................…..7 Roshan Jiffry
.............…..5 2ND SPOUSE OF NAWAZ CASSIM + FAUZUL MUNAWWARA ANVER d:Nov 29 2004 (11)
.............……..6 MOHAMED SILMY CASSIM + ASMA
.............……..6 MOHAMED FIROZE CASSIM + RIFKA
.............……..6 MOHAMED NUSKI CASSIM (d)
.............…..5 MOHAMED FYROOS CASSIM + NEEMATH SUBAIDA AHAMED (10)
.............……..6 FATHIMA ZULAIHA CASSIM + HAROON RUSSELL ORR DEEN
.............……..6 MOHAMED ISMAIL CASSIM
.............…..5 NIFAYA CASSIM + A. R. M. SALEEM
.............……..6 MOHAMED AZVER SALEEM
.............……..6 MOHAMED AZAHIM SALEEM
.............……..6 HIDAYA SALEEM
.............…..5 NOT NAMED ( PASSED AWAY BEFORE ONE MONTH OLD)
................4 Ahmed Mubarak Thaha + Sanoona Shahul Hameed
......................5 Shiraz Thaha + Sellamuttu
......................5 Roshan Thaha
......................5 Ifthikar Thaha
................4 Noor Mubarak Thaha + Musafer Z.D.M. (152)
......................5 [131] Feizal Musafer + [132] Nina Esmerelda Mihilar
............................6 [133] Fathima Nirosa Musafer
......................5 Hanoon Musafer + Kuthdoos Doray
......................5 Rasheeda Musafer + Hanoon Salay
......................5 Sharil Musafer
................4 Mymoon Mubarak Thaha + Ghouzul Ameer M.S. Dr.
......................5 Ansari Ghouzul Ameer Dr. + Nalifa Moosin
......................5 Asker Ghouzul Ameer
......................5 Aslam Ghouzul Ameer
......................5 Altaf Ghouzul Ameer
6 Shibly Ghouzul Ameer + Ahada Zanoon (314)
......................5 Niloufer Ghouzul Ameer + Sanoon Mubarak
......................5 Minhar Ghouzul Ameer + Shums-Al-Mackie
................4 Noordeen Thaha + Badree Huzair
......................5 Imthiaz Thaha
......................5 Imran Thaha
......................5 Imroza Thaha
......................5 Ayen Thaha + Hadi Razik
................4 Mahmood Thaha + Fowziya Nizar
......................5 Erifa Thaha + Rivi
Wickramarachchi
............................6
Dayaan
Wickramarachchi
............................6
Shehara Wickramarachchi
......................5 Mohammed Izmi Thaha +
Fadia Thaha
......................5 Mohammed Amjad
Thaha
......................5 Mohammed Shirali
Thaha + Fathima Mahira Thaha
......................5 Fathima Azeeza
Thaha + Mohammed Thufail Farook
............................6
Mohammed
Infaz Farook
............................6
Fathima
Rushda Farook
............................6
Mohammed Arshad Farook
................4 Zafrullah Thaha + Irmagad
......................5 [134] Mumtaz Thaha + [135] Rizvi
......................5 Yasmin Thaha
................4 Moomin Thaha + Zubair S.M.
......................5
Feroze Zubair + Minza
Sufi-Ismail
............................6
Fazlul Zubair
............................6
Fazri Zubair
............................6
Munazzah Zubair
............................6
Fazid Zubair
......................5
[1] Rizvi Zubair +
[2] Shahana Mumtaz
............................6
Amali Zubair
............................6
Adil Zubair
............................6
Hilali Zubair
......................5
Shanaz
Zubair + Badri Mohideen
............................6 Sajida
............................6 Sara
............................6 Rukaiya
......................5
Irfan Zubair + Shukriya Ibrahim
(11,12) (div)
......................5
Rifaya Zubair + S.M.
Sulaiman
............................6 Shamila Sulaiman + Mueen Buhari
..............................
..............................
..............................
............................6 Fiaz Sulaiman +
Shadia Marikar-Bawa (38,39,62,108)
..……………………7 Sakeenah Sulaiman
............................6 Shameemah Sulaiman
+
Naizer
..............................
..............................
..............................
......................5
Fareena Zubair + A.H.M. Mohideen
............................6 Fathima
Firaza Mohideen +
Nazir Ahmed (div)
............................6 2nd spouse of Fathima Firaza Mohideen: + Mihilar Fuazudeen
............................6 Farhaan Mohideen, Dr + Fathima Nizrana Farook
………………… 7
Fathima Nuha Farhaan
………………… 7 Fathima Sanaa Farhaan, b:16 Sep 2006
................4
Ni'amathullah Thaha + Naseem Yasin
Akhtar
......................5
Mohinudeen Thaha,
d:Nov 5, 2005 + Ferozathul Rizviya (d/o of Al Haj AMM Rauf JP & Hajiani Fathima
Hinaya)
…………….... 6 Sumaya Thaha
MOHINUDEEN THAHA - Husband of Ferozathul Rizviya son of late Naimathul Thaha and Naseem Akthar brother of Muzarath father of Sumaya son-in-law of Alhaj Amm Rauf JP and Hajiani Fathima Hinaya Nephew of MA Yaseen Readywear Garments late Gulam Yaseen Alhaj FA Yaseen late Banu Alhaj Shibly Hamid Alhaj late Mohideen Alhaj Zulfic brother-in-law of Hyder Ghany Alhaj Shamail JP Alhaj Sabry Alhaj Ifaz Ruzna Amjad Rusufa Faisal Niroza Rafi. Funeral took place on Sunday 6.11.2005 at 10 a.m. at Jawatte Muslim Burial Ground in the presence of large gathering. DN Tue Nov 8 2005
......................5
(Brightie) Muzarath Thaha
................4
Fathima Honeya Thaha + Muhammad
Sheriff Nizar
......................5
Jizvi Sheriff Nizar
+ Ramona
.............……… 6 Solitaire Nizar
.............……….6
Joshua Nizar
......................5
Azmi Sheriff Nizar +
Amira Mohinadeen (172)
.............……… 6 Ajmal Sheriff
.............……… 6
Ayesha Sheriff
................4
Abdul Jabbar Thaha
................4
Usman Thaha, d:2004 + Banu Yasin
..........3 [136] Wapu Marikar Hassim b:26-Jan-1880, d:6-Jul-1960+ [135] Ummu Nafeesa A.L.M
................4 [109] Noor Naseema Hassim + [108] Wahid S.T.A.
................4 Muhammad Thaifoor Hassim + Noor Jameela Marikar-Bawa (62,80,90)
......................5 Noor Nissa Hassim + Zubair Mackeen M.
............................6 Shamim Akhtar Mackeen + Imka Hashim (13,214)
………………… 7 Hazik Mackeen
………………… 7 Afeef Mackeen
............................6 Ahmed Sajid Makeen + Ayesha
………………… 7 Hazik Mackeen
………………… 7 Rashard Mackeen
......................5 Hussain Kemal Hassim
......................5 Ismet Ghouse Hassim + Sithy Nalifathul Faizath Hasheem (273)
............................6 Arthifa Ziyana Ghouse
............................6 Muhammad Afthab Ghouse
......................5 Sithy Zahara Hassim + Saeed A.M.M.
............................6 Fathima Shahzadi Saeed + Hilmy Zainudeen
……………………7 Hazik Zainudeen
……………………7 Fadhil Zainudeen
……………………7 Naheed Zainudeen
............................6 Zakir Ali Saeed
............................6 Farah Azka Saeed + Nouzer Fowzy
……………………7 Akeela Fowzy
……………………7 Aneesa Fowzy
......................5 Azhara Hassim + Muhammad Hamza Zaheed, Proctor (73)
............................6 Muhammad Imran Zaheed + Shiraza Rishard
……………………7 Amina Imran Zaheed
............................6 Fathima Dheena Zaheed + Shiraz Kaleel (62,80,90)
……………………7 Sabry Kaleel
……………………7 Adhil Kaleel
……………………7 Shukri Kaleel
............................6 Ahmed Irfan Zaheed, Attorney at Law + Jamaliya Razeen Salih
............................6 Fathima Nasreen Zaheed + Yehiya Razzak
............................6 Fathima Narmin Zaheed + Ramiz
……………………7 Sulaiman Ramiz
……………………7 Jameela Ramiz
............................6 Muhammad Ihsan Zaheed + Fathima
……………………7 Talib Zaheed
............................6 Muhammad Farzan Zaheed
............................6 Fathima Askiya Zaheed, Attorney at Law
......................5 Thahira Hassim + Fazi A.R.M. (d:Jun-19-2000) (s/o the late Mr & Mrs. M.C.A. Raheem (Kandy) (191)
............................6 Muhammad Firaz Fazi + Nuzra Nijar
……………………7 Khadija Firaz Fazi
............................6 Muhammad Faris Fazi
............................6 Muhammad Faheem Fazi
............................6 Fathima Nazneen Fazi + Arquil
............................6 Muhammad Farzad Fazi
......................5 [100] Nazli Hassim + [99] Rizwi Sadiq
............................6 [101] Fathima Saniya Sadiq + [102] Nazmi Jabeer
……………………7 Nazeeha Jabeer
............................6 [103] Fathima Shihama Sadiq + [104] Muhammad Husni Ghouse (10)
……………………7 Mahdi Ghouse
……………………7 Mariam Ghouse
............................6 [105] Mumtaz Fazeena Sadiq Sadiq + Rahmathullah
……………………7 Areeb Rahmatullah
......................5 Ummul Khyr Hassim + Nazeer Hussain (162)
............................6 Fathima Azmina Nazeer, Dr. + Najil Farook (10,80)
……………………7 Tariq Farook
……………………7 Hasna Farook
............................6 Muhammad Afzal Nazeer + Shazmin Afwan
............................6 Yasmin Aadila Nazeer + Reza Wadood
............................6 Aasif Wahid Nazeer
......................5 Munir Hassim + Rehana Sakkaf
............................6 Ejaz Faizel
......................5 Mumtaz Hassim + Faisal M.A.M., Proctor
............................6 Yusuf Ahsan Faisal
............................6 Fathima Mubeena Faisal, Attorney-at-Law + Imran Farook
......................5 Shahul Hameed Ifthikar Hassim + Fathima Sahiya Abdullah
............................6 Fathima Amriya Hassim + Zakir Mihilar ( 214,215 )
............................6 Ashiq Hassim
............................6 Ashna Hassim
............................6 Amani Hassim
......................5 Sithy Zulaikha Hanoon Hassim + Marikar M.S.M.
............................6 Fathima Mariam Marikar
............................6 Fathima Ilma Marikar
............................6 Fathima Naaila Marikar
............................6 Fathima Yusra Marikar
......................5 Shireen Hassim + Nasry A.M.A.
............................6 Fathima Sarah Nasry
............................6 Laila Nasry
......................5 [26] Muhammad Ghouzul Faizeen Hassim + [25] Shareefa Moreena Salih (58)
............................6 [27] Muhammad Nabeel Faizeen
................4 Kamil Muhammad Hassim Muhammad + Sithy Ruzeimoona
......................5 Zain-Us-Sharaf Kamil + Bafiq M.T.M.
............................6 Ashroff Bafiq
......................5 [70] Fathima Thasneem Kamil + [71] Ghouse M.S.M. (65)
............................6 [72] Nafeesa Riyaza Ghouse
......................5 Noorul Azmi Kamil + Hilmi Farook Thahir (10)
............................6 Muhammad Fawzaan Thahir
............................6 Muhammad Farill Thahir
......................5 Farilla Kamil + Shahul Hameed Ghouse (60,70)
............................6 Rumaila Ghouse
............................6 Faika Ghouse
............................6 Faliha Ghouse
......................5 Zuhrifa Kamil + Obaid-Ul-Wahid Saleem (112)
............................6 Hypah Zuhur Saleem + Nouzan Zaheed (73)
…………………….7 Hasifah Z Zaheed
…………………….7 Kamil Zaheed
............................6 Habeera Saleem + + Aashiq Lafir (263, 20)
…………………….7 daughter
............................6 Ummu Hasniya Saleem
......................5 Omer Zuraik Kamil, Mayor of Colombo 2001-2002 + Ojeeda Zuraika Sideek
............................6 Ziyam Zuraik
................4 Ahamed Jameel Muhammad Hassim+ Noor Hafeela Haniffa (13)
------------4 *2nd spouse of Ahamed Jameel M.H.: + Khadijatul Badriya Haniffa (17,30)
......................5 Fathima Nafeesa Jameel + Sulaiman
............................6 Haroon Irshad Sulaiman
............................6 Fathima Mumtaz Mariam Sulaiman + Gaffoor
......................5 Fairoze Jameel + Maalika Vilcassim (99)
..............……5 Ashroff Jameel + Shahriza Hadi (259)
6 Fathima Ziyana Jameel + Ahmed Infiaz Awoof ( s/o Awoof Salie), m:Aug 2006
7 Aaliya Awoof
6 Fathima Shakoorah Jameel
......................5 Ahmed Jameel + Khadija Amir
................4 [94] Sithy Latheefa Hassim, d:June 19 2006 + [93] Jameel A.J.M.
......................5 [95] Jowzy + Rushna Sanoon
................4 Mohideen Muhammad Hassim Muhammad + Moomin binthi Salih (111)
......................5 Nafeesathul Munira Mohideen + Muhammad Ibrahim Hussain bin-Ghouse (111)
Obituary Notice of Hussain bin Ghouse – Sunday Observer April 21 2002
BIN MOHOMED AL-HAJ HUSSEIN Beloved husband of Munira, son of late Al-Haj and Hajiani Ghouse Bin Ahamed, sonin-law of late Mohideen Hassim and Moomin Zulaiha, loving father of Thajudeen, Muinudeen, Fathima, Musthapha and Aysha, father-in-law of A.G.M. Irshard, Sha Lamirdeen and Shihara, brother of Hamza and Fathima, brother-in-law of Ansar Jabir, Shibly Mohideen, Farhana and Fowzia, loving uncle of Ashker, Shehzaan, Ashiq, Shehab, Shaheed, Fayaz, Laika and Kadji. Janaza took place on 20th April 2002. 64/5, Dharmarama Road, Wellawatte.
………………6 Thajudeen bin-Muhammad
..........................6 Muinudeen bin-Muhammad + Fathima Shehara Jiffry (10,13)
..................................7 Siddeeka binthi-Muinudeen
………………6 Fathima binthi-Muhammad + AGM Irshard
………………6 Musthapha bin-Muhammad
………………6 Ayesha binthi-Muhammad + Sha Lamirdeen
......................5 Farahana Mohideen + Faizal Jiffry Hassim
......................5 Irfan Shibly Mohideen + Zeena Zabeedi binthi-Rasheed (111)
..........................6 Fathima Noorul Laiekha Mohideen + Shahul Hameed
..........................6 Muhammad Fayaz Mohideen
..........................6 Fathima Khadija Mohideen + Mohammed Munsif bin-Hussain (111)
................4 [98 Noor Naima Hassim + [97] Sadiq A.J.M.
......................5 [99] Rizwi Sadiq + [100] Nazli Hassim
..........................6 [101] Fathima Saniya Sadiq + [102] Nazmi Jabeer
..................................7 Nazeeha Jabeer
..........................6 [103] Fathima Shihama Sadiq + [104] Muhammad Husni Ghouse (10,80)
..................................7 Mahdhi Ghouse
..................................7 Mariam Ghouse
..........................6 [105] Mumtaz Fazeena Sadiq + Rahmathulla
..................................7 Areeb Rahmathulla
......................5 [106] Ismet Sadiq + [107] Ummu Kulthum
................4 Ameen Muhammad Hassim Muhammad + Sithy Ayesha Muhammad
......................5 Shahul Hameed Aslam Ameen + Sithy Shireen Mohideen (30)
............................6 Nafeesa Aslam
............................6 Ahmed Aslam
......................5 Amjad Ameen + Feroza Gaffoor (20)
...........................6 Ayesha Ameen
................4 Sulaiman Muhammad Hassim Muhammad + Marzoona Abdeen (81)
......................5 Yasmin Hassim + Rasool Ahmed Rahman (10,95)
............................6 Fathima Hafsa Rahman
............................6 Muhammad Hadi Rahman + Shameema Zubair
............................6 Sara Hanoon Rahman + Muneer Kamardeen
......................5 Naaz Hassim + Fouze Saheed (d)
5 *2nd Spouse of Naaz Hassim: + Fenuzi Hameed
......................5 Ferial Hassim
......................5 Rumy Hassan Hassim (d)
......................5 Iqbal Hassan Hassim
…………4 *2nd spouse of Sulaiman Muhammad Hassim Muhammad: + Balkis
......................5 Hussain
..........3 Mahmooda Umma Wapu Marikar + Ahmed Lebbe Marikar O.L.M. (66)
................4 [144] Shahabdeen A.L.M. + [145] Noor Sanina Zainudeen, d:Oct 8 2006
......................5 [146] Fareena Shahabdeen + [147] Ifham Thaha
............................6 [148] Nihilar Ifham + Rizni
............................6 [149] Mafaz Ifham
................4 Razeen A.L.M.
................4 Naeem A.L.M. + Noor Lahira Mohideen
......................5 Fairoze Naeem
......................5 Rizna Naeem
................4 Nazim A.L.M. + Sithy Ayesha
................4 Zubaida Umma + Hassan S.L.H.M. (66)
......................5 Bishrul Matheena Hassan + Mohideen A.L.M.
............................6 Ifthikar Mohideen + Rizona
...................................7 Rushda Mohideen
............................6 Lutfi Mohideen + Fathima
..................................7 Ahmed Mohideen
......................5 Bishrul Kareema Hassan + Faleel Majeed A.L.M.
............................6 Noufer Majeed
......................5 Bishrul Naeema Hassan + Ansari M.M.
............................6 Munirah Ansari + Muhriz
..................................7 Mifrah Muhriz
..................................7 Makarib Muhriz
......................5 [111] Ganeemathus Saliha Hassan + [110] Mohideen M.S.M. (65)
............................6 [112] Ilham Mohideen + [113] Rifa
............................6 [114] Badri Mohideen + [115] Zubair
......................5 Mohideen Hassan
......................5 [31] Muhammad Mansoor Hassan + [30] Khamsul Zackiya Saleem
............................6 [32] Imthiaz Mansoor + [33] Mueeza
..................................7 [34] Hasina Mansoor
..................................7 [35] Mabruk Mansoor
……………………..7 Name Not Known 1991
............................6 [36] Rizvi Mansoor + [37] Aynfa Haleem
..................................7 [38] Rukshana Mansoor
..................................7 [39] Rishna Mansoor
..................................7 [40] Rashika Mansoor
......................5 Neuman Hassan
......................5 Ahmed Ismail Hassan
..........3 Zainambu Wapu Marikar + Hamid A.C.A. (67)
................4 Sithy Ayesha Hamid + Saly Idroos
4 *2nd Spouse of Sithy Ayesha Hamid: + Thowfeek Idroos M. (bro of Saly Idroos)
......................5 Sithy Zahira Idroos + Razeen Muhammad
............................6 Dina Muhammad
............................6 Shahzade Muhammad
......................5 Lariff Idroos, Dr. + Nabil Vilcassim
................4 Beebee Sideeka Hamid + Abdul Azeez M.L.M.
4*2nd Spouse of Beebee Sideeka Hamid: + Abdul Azeez M.L.M. (of Mutuwal)
................4 Noor Huzaima Hamid + Muhammad Ismail Packir Saibo
................4 Noor Jezima Hamid + Hamid S.D.
................4 Sithy Mariam Hamid + Lafir M.I.M.
......................5 Muhammad Lafir A. Fazil (Advocate)
......................5 Muhammad Lafir Fouzul Hinaya + Salih M.
............................6 Shiyara Salih
............................6 Shazeena Salih
............................6 Shahazan Salih
......................5 Muhammad Lafir Zainambu Saliha + Saheed P.M.A.
............................6 Shiham Saheed
............................6 Shihan Saheed
......................5 Muhammad Lafir Sithy Ghouzul Refaya + Muhammad Zareem Zain
............................6 Fathima Zabeera Zareem + Akram Anver
............................6 Fathima Zahra Zareem + Rizli Rashard
............................6 Fathima Zameena Zareem + Mirzard Uvais
......................5 Muhammad Lafir Noor Hafeela + Tuan Surail
................4 Ayen Hamid
..........3 Zavahira Wapu Marikar + Zainudeen O.L.M. (68)
................4 [145] Noor Sanina Zainudeen, d:Oct 8 2006 + Haniffa A.C.M.
HAJIANI - NOOR SANINA Wife of the late A.L.M. Shabdeen, daughter of the late Zainudeen and W.M. Zawahira Umma, loving mother of Hajis Hussain -Saumi Electricals, Mohinudeen, Ghouse and Hajiyani Fareena, mother-in-law of Hajianis Himaya, Najiha, Wafiya and Haji Ifharm, darling grandmother of Haji Bishri Hajiani Zahra (Dubai), Haji Arshad and Hajiani Fazmina, Haji Firdouse and Hajiani, Rushda, Shadia and Azwer (Dubai), Haji Rizni and Hajiani Nihla, Shukra, Sarah, Yusri & Umar, great-grandmother of Jamaal & Jamaaliya, Imad, Farham, Sakeena, Amna & Rukaiya. Janaza leaves residence at 48, Arthurs Place, Dehiwela at 10.00 a.m. for Dehiwela Muslim Burial Ground on Monday 09.10.06
......................5 Hussain M.H.M. + Himaya Muhsin
............................6 Bishri Hussain + d/o Naufal Maharoof & Zafrun Nizar
............................6 Shazia Hussain + Azwer
......................5 Moinudeen M.H.M. + Najiha
............................6 Arshad Moinudeen + Fazmina
............................6 Rushda Moinudeen + Firdouse
............................6 Shukra Moinudeen
......................5 Ghouse M.H.M. + Wafiya
............................6 Fathima Sarah Ghouse
............................6 Yusry Ghouse
………………………………6 Umar Ghouse
4 *2nd spouse of Noor Sanina Zainudeen: + [18] Shahabdeen A.L.M.
......................5 [19] Fareena Shahabdeen + [20] Ifham Thaha
............................6 [21] Nihilar Ifham + Rizni
............................6 [62] Mafaz Ifham
................4 Moinudeen Zainudeen
..........3 Ummu Saeeda Wapu Marikar + Shahul Hameed Abu Bakr (69,115)
................4 Ahmed Mihilar Hamid + Sithy Zulaikha
......................5 [132] Nina Esmerelda Mihilar + [131] Feizal Musafer
............................6 [133] Fathima Nirosa Musafer
5 *2nd spouse of Nina Esmerelda Mihilar: name not known (UK)
................4 Ahmed Alavi Hamid
................4 Sithy Zainambu Hamid
................4 Najmul Hidaya Hamid + Nizar A.H.M.
......................5 Fawzia Nizar Dr + Sivardeen M.T.M.
............................6 Zeenath Ziama Sivardeen, Dr.
............................6 Ahmed Zimar Sivardeen, Dr.
............................6 Ashraff Ziali Sivardeen
............................6 Zia Zaeem Sivardeen + Farah
……………………7 Hudha binthi Zaeem
……………………7 daughter
……………………7 daughter
……………………7 Abdullah Zaeem
……………………7 daughter - twins
……………………7 daughter - twins
......................5 Mohammed Fazli Nizar Dr. + Zeenathun Naeema Rahman (10,95)
............................6 Ahmed Raslan Nizar + Ms. Barie
............................6 Hisham Nizar
............................6 Hilal Nizar
......................5 Mohammed Faizal Nizar + Fowzie Fathima Lafir
......................5 Ahmed Faiz Nizar + Shireen Jayamaha
............................6 Shiyam Nizar
............................6 Shahan Nizar
..........3 Wapu Marikar Saleem + Noor Naleefa Abdul Rahman (170,171)
................4 Ahmed Shahran Saleem + Inul Huzaima Abdul Basheer (128,129)
......................5 Noor Azeeza Thasneen Saleem + Muhammad Rafi Ismail bin-Hassan (111,115,214)
............................6 Abdullah Azid bin-Rafy Ismail
............................6 Ahamed Arzan bin-Rafy Ismail (died in a fatal car accident at Pannala, Sri Lanka in July 2003)
............................6 Fathima Azhara binthi-Rafy Ismail + Ya’coob Ariff m:2004, div:2005 (77)
6 2nd spouse of Fathima Azhara binthi-Rafy Ismail + Ziyam Zuraik (40) m:2008
......................5 Ahmed Imran Fekhrishta Saleem + Dina Bari (div)
............................6 Inul Aaliya Saleem
……………..5 *2nd spouse of Imran Fekrishta Saleem: + Shamila Farouk (div) (10,76)
............................6 Noor Naleefa Mariyam Saleem
……………..5 *3rd spouse of [138] Imran Fekrishta Saleem: + [137] Zeeniya Mujahid (60,70)
........................5 Ummu Zuhard Saleem + Nawaz Saleem (s/o ELM Saleem)
............................6 Inul Zainab Saleem
............................6 Rukaiyyah Saleem
................4 Hibshi Mazaya Saleem 1923-1995 + Husain Jiffry Ibrahim 1916-1963 (11,12)
......................5 Firoze Salim Ibrahim b:Feb 21, 1948, d:Aug 13, 2009 + Bisreeya Zaharana Ahamed b:25 Feb 1948, d:27 July 2008 (10)
............................6 Fathima Fawaza Ibrahim + Rifath Nawaz (Bermuda), m:Aug 9, 2008
......................5 [155] Fathima Shirani Naleefa Ibrahim b:1949 + [154] Muhammad Fazli Hussain Sameer b:1948 (20,10,13,30,46,60,70,90,93)
............................6 Fathima Melina Sameer b:4 Feb 1975,
..................................7 Maria Admira Sheriff b:22-9-1994 in Toronto, Canada
..................................7 Abdullah Yousry Sheriff b:25-3-1997 in Riyadh, Saudi Arabia
............................6 Fathima Nadia Sameer b:1981 + Abdul Qadir Hussain (173,174,175), m:1999
......................5 Hameeda Badri Jasminah Ibrahim b:1952 + Mohammed Faizer Zahir (1951-1989) (148)
............................6 Firasa Rukaiya Zahir b:1984 + Ahmed Arshard Ibrahim (11,12,78), m:Sep-2003 (12)
......................5 Fairuf Razeen Ibrahim 1953-1996 + Fathima Zaheena Subair b:1965 (149)
............................6 Fathima Sa’adia Ibrahim b:1993
................4 Hibshul Hana Saleem + Muhammad Zackie Salih b:1934, d:Feb 3 2008, buried at Kupiyawatta Muslim Burial Grounds in Colombo (58)
......................5 Fidha Zuhard Salih + Fathima Razana
......................5 Shiraz Noor Naleefa Salih + Haniffa Ahmed Faizeen (Kandy)
............................6 Ahmed Tabriz Faizeen
............................6 Tarish Ahmed Faizeen
......................5 [25] Shareefa Moreena Salih + [26] Muhammad Ghouzul Faizeen Hassim (40)
............................6 [27] Muhammad Nabeel Hassim
......................5 Muhiyadeen Faariez Saleem Salih + Fazna Mowjood Nafi
............................6 Fathima Aqeelah Faariez
…………………6 Abdullah Faariez
......................5 Fahmy Salih
......................5 Shahul Hameed Salih + Shakira Fazmina Alavi Muhammad, d:18-Apr-2004 (123,124,125)
............................6 Muhammad Sajid Shahul Hameed
............................6 Muhammad Nazim Sabith Shahul Hameed
......................5 2nd spouse of Shahul Hameed Salih + + Fathima Zaheena Subair 1960, m:2005 (149)
------3 *2nd spouse of Saleem Wapu Marikar.: + Sithy Lareefa
------3 *3rd spouse of Saleem Wapu Marikar: + Sithy Sarifa, Ahmed Lebbe Marikar (61)
................4 Saleh Waefathul Hamza Saleem + Ummu Saliha Ansari (10)
......................5 Muhammad Shazmin Saleem
......................5 [29] Fathima Minna Saleem + [28] Shanooz Ozeer (40)
......................5 Muhammad Shazleen Saleem
................4 Khanimathul Rahmaniya Saleem + Ozeer M.S.M., d:1991
......................5 Mafooza Ozeer + Feroze Samsudeen
............................6 Shifaaz Samsudeen
......................5 Shanaaz Ozeer, Dr. + Nazli Zainab, Dr.
............................6 Sarah Ozeer
............................6 Muhammad Ali Ozeer
......................5 [28] Shanooz Ozeer + [29] Fathima Minna Saleem
................4 [30] Khamsathul Zackiya Saleem + [31] Muhammad Mansoor Hassan
......................5 [32] Imthiaz Mansoor + [33] Mueeza
............................6 [34] Hasina Mansoor
............................6 [35] Mabruk Mansoor
………………..6 Name Not Known 1991
......................5 [36] Rizvi Mansoor + [37] Aynfa Haleem (Nawalapitiya)
............................6 [38] Rukshana Mansoor
............................6 [39] Rishma Mansoor
............................6 [40] Rashika Mansoor
................4 [120] Khairul Fareeda Saleem + [120] Muhammad Nuhman Noordeen (24)
......................5 [121] Yousoof Noordeen + [122] Farah Salih
............................6 [123] Mariam Noordeen
............................6 [124] Amina Noordeen
............................6 [125] Aman Noordeen
......................5 [126] Dinazad Noordeen + [127] Malik Ashraff Ali
............................6 [128] Nuhman Ashraff Ali
......................5 [129] Asger Ali Noordeen + Fathima Amana Sufi-Ismail m:1997 (13,41)
......................5 [130] Muhammad Ali Noordeen + Fathima Farwin Muhammad m:1997 (10,46,82,83)
…2 Ummu Honeya Umma O.L.M + Avoo Lebbe Marikar (101)
.......3 Amsa Umma A.L.M. + Oduma Lebbe Marikar A.L.M.
..............4 Rabia Umma O.L.M. + Hameed A.C.A.
...................5 Noorul Abida Hameed + Muhammad Mohideen Saleem
.........................6 Noorul Hidaya Saleem + Muhammad Mohideen Ghouse
...................5 *2nd spouse of Noorul Abida Hameed: + Muhammad Mohideen Maharoof
.........................6 Fouzul Hinaya Maharoof + Muhammad Fowzie
.........................6 Bahjathul Saniya Maharoof + Kamil Kias
.........................6 Fathima Farida Maharoof
.........................6 Ayesha Maharoof
.........................6 Halima Maharoof
.........................6 Zulfik Maharoof
...................5 Ummul Yakeena Hameed + [1] Salaam I.L.A.
...................5 Sithy Razeena Hameed + [1] Salaam I.L.A.
.........................6 Sithy Huzaima Salaam + Farook U.L.M.
...............................7 Muhammad Kiyaz Farook
.........................6 Zainul Mala Salaam
.........................6 Muhammad Mohideen Sadiq Salaam
...................5 Ahmed Hussain Marzook Hameed + Arifathul Zulaiha
.........................6 Mumtaz Hameed
.............4 Sithy Ayeshathul Kubra O.L.M. + Fazil Alim S.L.M.
...................5 Fakhir M.F.M.H. + Sithy Hathoon
.........................6 Imthiaz Fakir + Mymoon Abdullah (div) (10,128)
.........................6 Ifthikar Fakir + Shama Ahamed Salie (div)
……………...6 *2nd Spouse of Ifthikar Fakir: + Fathima Zahra Sameer (20,30,46,60,70,73,90,93)
...............................7 Anissa Fakhir
...................5 Sakkaf M.F.M.H.
...................5 Mohideen M.F.M.H.
.............4 Sithy Rameeza O.L.M. + Kiyard A.C.M.
...................5 Khadijathul Zackiya M.K.M. + Abdul Caffoor Muhammad Ziard
.........................6 Muhammad Zarook Ziard
.........................6 Muhammad Faiz Ziard
.........................6 Fathima Zeena Ziard + Muhammad Zanoosi
...............................7 Fathima Zihana Zanoosi
...............................7 Muhammad Zahir Zanoosi
...............................7 Muhammad Zaneek Zanoosi
.........................6 Aynul Mazahina Ziard + Nawaz M.M.
...............................7 Muhammad Aroos Nawaz
.........................6 Muhammad Rilcaz Ziard
.........................6 Muhammad Reza Ziard
.........................6 Khadijathul Zahri Ziard
.........................6 Muhammad Zoofer Ziard
.........................6 Muhammad Zeerak Ziard
...................5 Abdul Careem M.K.M. + Fowzeena Khalid
.........................6 Muhammad Rifqa Careem
.........................6 Muhammad Nasri Careem
...................5 Rawoof M.K.M.
...................5 Noorul Jezila M.K.M. + Junaid M.C.M.
.........................6 Muhammad Shamsul Ameer Junaid
.........................6 Muhammad Ajward Assni Junaid
.........................6 Khadijathul Inaya Junaid
.........................6 Muhammad Ahsan Junaid
.........................6 Muhammad Yusri Junaid
...................5 Sithy Naleera M.K.M. + Abdul Azeez Abul Hassan
.........................6 Muhammad Rizak Hassan
.........................6 Fathima Rizwana Hassan
.........................6 Fathima Shahana Hassan
.........................6 Muhammad Rifa Hassan
.........................6 Muhammad Rushdi Hassan
...................5 Mohideen M.K.M. + Rabiyathul Marliya Abdul Rahim
.........................6 Muhammad Masnavi Mohideen
.........................6 Muhammad Minan Mohideen
.........................6 Muhammad Mizran Mohideen
.........................6 Muhammad Mazahir Mohideen
.........................6 Fathima Mufeeda Mohideen
...................5 Muinudeen M.K.M. + Hafeela
...................5 Hussain Farook M.K.M.
...................5 Sideek M.K.M.
...................5 Badurdeen M.K.M.
...................5 Ayeshathul Kubra M.K.M.
...................5 Amzathul Naeema M.K.M.
.............4 Ovais O.L.M.
.......3 Safra Umma A.L.M. + Segu Lebbe Aliyar Marikar
.............4 [503] Aliyar Marikar Saleem + [502] Sithy Najeeba Abdul Latiff
...................5 [504] Hussain M.S.M. + [505] Ganeemathul Khadija Ajward
.........................6 [506] Muhammad Zulkifl Ajward
.........................6 [507] Ghouzul Fareed Ajward
.........................6 [508] Fathima Shabeera Ajward
...................5 [509] Noorul Hinaya Saleem + [510] Abdul Majeed Mugheeth
.............4 [512] Aliyar Marikar Muhammad + [511] Sithy Nazira Abdul Latiff
...................5 [513] Aynul Hinaya Muhammad + [514] Sulaiman M.C.M.
.........................6 [515] Khadijathul Husna Sulaiman + [516] Muhammad Nawaz Haniffa
.........................6 [517] Fowzul Amjad Sulaiman
...................5 [518] Sithy Raliya Muhammad + [519] Badri Hashim
.........................6 [520] Fathima Sabiha Hashim
.........................6 [521] Fathima Rukiya Hashim
.........................6 [522] Fathima Rubine Hashim
.........................6 [523] Fathima Jezliya Hashim
.........................6 [524] Fathima Bushra Hashim
.........................6 [525] Muhammad Wahish Hashim
...................5 [526] Shoib Saifudeen Muhammad + [527] Sithy Shamila Abdul Rahman
.............4 [529] Aliyar Marikar Abdul Rasheed + [528] Sithy Zainambu Abdul Latiff
...................5 [530] Muhammad Hussain Rasheed, Dr. + [531] Nilufer Hanim Mowjood
.........................6 [532] Fathima Sifara Rasheed
.........................6 [533] Ahmed Rifath Rasheed
.............4 [535] Aliyar Marikar Muhammad Razee + [534] Ummu Mariam Abdul Latiff
....................5 [536] Khathijathul Inaya Razee + [537] Zuhair Faleel
.........................6 [538] Fathima Rezona Zuhair
.........................6 [539] Ahmed Aroos Zuhair
.......3 [160] Abdul Latiff A.L.M. (Kuruku Koli) + [161] Khadija Umma Abdul Majeed
.............4 Muhammad Zacky A.L.M. + Ummu Husna Muhammad (93)
...................5 Sithy Ghouzia Zacky + Aslam Jabir
.........................6 Sithy Fowzia Jabir
.........................6 Ummu Zackiya Jabir
.........................6 Sithy Khatheeja Jabir
.........................6 Fathima Faizina Jabir
.........................6 Aynul Jabira Jabir
.........................6 Fathima Zariya Jabir
...................5 Magdoom Zacky + Noorul Makkiya
.........................6 Masuna Zacky
.........................6 Riyana Zacky
...................5 Kauzul Fareeda Zacky
...................5 Muhammad Razeen Zacky
...................5 Khanzul Ayesha Zacky
...................5 Muhammad Zavahir Zacky
.............4 Rally A.L.M. + Noor Neima Cassim
...................5 Ummu Hazima Rally
...................5 Ahmed Anver Rally
...................5 Muhammad Ashroff Rally + Sithy Sabira
.........................6 Niroza Dilshid Rally
...................5 Noor Halima Rally + Nizar Ghair
.........................6 Fathima Ralina Ghair
.........................6 Muhammad Ghair
.............4 Thacky A.L.M. + Sithy Rooma Cassim
...................5 Khanzul Hidaya Thacky + Safiyullah (Fairdeal)
.........................6 Amra Safiyullah
.........................6 Sithyna Safiyullah
.........................6 (daughter) Safiyullah
...................5 Yaseen Thacky
.........................6 (son)
.........................6 (son)
.........................6 (daughter)
.............4 Fowzie A.L.M. + Zainambu Khadija Muhammad Cassim 1924-1996 (93)
...................5 Irfan Fowzie + Farahana Rilla (58)
.............4 Mohideen A.L.M. + Bishrul Matheena Hassan
.............4 Fazlul Majeed A.L.M. + Bishrul Kareema Hassan
.............4 [502] Sithy Najeeba Abdul Latiff + [503] Aliyar Marikar Saleem
...................5 [504] Hussain M.S.M. + [505] Ganeemathul Khadija Ajward
.........................6 [506] Muhammad Zulkifl Hussain
.........................6 [507] Ghouzul Fareed Hussain
.........................6 [508] Fathima Shabeera Hussain
...................5 [509] Noorul Hinaya Saleem d:1996 + [510] Abdul Majeed Mugheeth
.............4 [511] Sithy Nazira Abdul Latiff + [512] Aliyar Marikar Muhammad
...................5 [513] Aynul Hinaya Muhammad + [514] Sulaiman M.C.M.
.........................6 [515] Khadijathul Husna Sulaiman + [516] Muhammad Nawaz Haniffa
.........................6 [517] Fowzul Amjad Sulaiman
...................5 [518] Sithy Raliya Muhammad + [519] Badri Hashim
.........................6 [520] Fathima Sabiha Hashim
.........................6 [521] Fathima Rukiya Hashim
.........................6 [522] Fathima Rubine Hashim
.........................6 [523] Fathima Jezliya Hashim
.........................6 [524] Fathima Bushra Hashim
.........................6 [525] Muhammad Wahish Hashim
...................5 [526] Shoib Saifudeen Muhammad + [527] Sithy Shamila Abdul Rahman
.............4 [528] Sithy Zainambu Abdul Latiff + [529] Aliyar Marikar Abdul Rasheed
...................5 [530] Muhammad Hussain Rasheed, Dr. + [531] Nilufer Hanim Mowjood
.........................6 [532] Fathima Sifara Rasheed
.........................6 [533] Ahmed Rifath Rasheed
.............4 [534] Ummu Mariam Abdul Latiff + [535] Aliyar Marikar Muhammad Razee
...................5 [536] Khathijathul Inaya Razee + [537] Zuhair Faleel
.........................6 [538] Fathima Rezona Zuhair
.........................6 [539] Ahmed Aroos Zuhair
.............4 Noor Halima Abdul Latiff + Muhammad Sheriff Cassim
..................5 Mymoona Cassim + Hilmy Bari
..................5 Fareeda Cassim
..…...3 Sheriff A.L.M.
.......3 Juwaila Umma A.L.M.
.......3 Ummu Haseena A.L.M.
.......3 Abdul Rahman A.L.M. + Razeena Umma (10,30)
.............4 Muhammad Sufiyan
.............4 Muhammad Dhahlan + Sithy Nasooha K.B.M.I.
...................5 Noor Fareeda + Muhammad Basheer Ahamed
.........................6 Muhammad
.........................6 Fathima
...................5 Muhammad Rizvi
.............4 Sithy Zanooba + Zarook A.R.M.S. Dr.
...................5 Zufer Zarook
.............4 Sithy Marzoona + Naleer M.S.M. (91)
...................5 Fowzun Naima + Jiffry
...................5 Mufti Naleer + Shanaz
...................5 Mizhar
...................5 Maziya
...................5 Aynul Yakeena
.......3 Ameena Umma A.L.M.
…2 Zainambu + Mudaliyar C L M Abdul Majeed
.......3 Abdul Majeed Cassim + Ummu Husna
.......3 [161] Khadija Umma Abdul Majeed + [160] Abdul Latiff A.L.M. (Kuruku Koli) (101)
.............4 Muhammad Zacky A.L.M. + Ummu Husna Muhammad (93)
...................5 Sithy Ghouzia Zacky + Aslam Jabir
.........................6 Sithy Fowzia Jabir
.........................6 Ummu Zackiya Jabir
.........................6 Sithy Khatheeja Jabir
.........................6 Fathima Faizina Jabir
.........................6 Aynul Jabira Jabir
.........................6 Fathima Zariya Jabir
...................5 Magdoom Zacky + Noorul Makkiya
.........................6 Masuna Zacky
.........................6 Riyana Zacky
...................5 Kauzul Fareeda Zacky
...................5 Muhammad Razeen Zacky
...................5 Khanzul Ayesha Zacky
...................5 Muhammad Zavahir Zacky
1 daughter + Name Not Known
THE ALIM WILL CASE http://webtest.cisworld.net/lawnet/docs/case_law/nlr/common/html/NLR20V481.htm
481
Present:
Bertram C.J. and De Sampayo J.
THE ALIM WILL CASE.
124 and 125-D. C. Colombo, 6,175.
Burden of
proof-Power of Court to call evidence after case is closed- Last
will-Probate-Suspicion.
In a contest arising out of an application for probate a single issue was
framed, viz., " Was the will duly executed by the deceased? " The party seeking
probate contented himself with proof of the execution. The respondent called
evidence to prove that the signature was obtained by fraud.
Held, that the party beginning had a right to call evidence in rebuttal
on the question of substitution.
Under section 163 of the Civil Procedure Code it is not necessary that the right
to call evidence by way of rebuttal should be expressly reserved by the party
beginning.
The Court has a discretion at any period in a case to allow further evidence to
be called for its own satisfaction, even though it is doubtful whether it is
admissible, on the request of the party desiring it as of right.
A respondent who wishes to support a petitioner for probate should call his
evidence at the conclusion of the petitioner's case. He is not entitled to wait
until the opposing respondents disclose their whole case, and then to start a
fresh case for the purpose of upholding the will in reply to the evidence of the
opposing respondents.
Where a suspicion attaches to a will, the Court must be vigilant and jealous in
examining the evidence in support of the instrument, in favour of which it ought
not to pronounce unless the suspicion is removed, and it is judicially satisfied
that the paper propounded does express the true will of the deceased.
THE
facts appear from the judgment.
Bawa, K. C (with him A. Drieberg), for the petitioner, appellant.
A. St. V. Jayawardene, for second and third respondents.
Elliott and B. F. de Silva, for fifth respondent.
Hayley (with him F. H. B. Koch and Keuneman), for first, sixth, seventh, eighth,
nineth, eleventh and twelfth respondents.
Schneider (with him Rutnam), for fourth respondent.
Samarawickrama, for tenth respondent.
Cur. adv. vult.
482
February 26, 1919.
BERTRAM C.J.-
Before approaching the consideration of the issues of the case, it is necessary
to deal with certain questions of procedure, and for the purpose of dealing with
those questions, it will be convenient to narrate the history of the case from
the time of its inception. The document propounded by the executors as a will
purported to be a will of an old and wealthy Moslem, known, by reason of his
religious habits, by the name of " the Alim," who had built up an extensive
business, and had a numerous family derived from three successive marriages. The
principal beneficiaries under the will are the two executors, sons of the
deceased, and one of their brothers. These three brothers were the three
managers in charge of the business. Two opposing affidavits were filed by other
members of the family: one on February 14, 1918, by Muhiseen, a young son of the
deceased, disputing the execution of the will; and one a fortnight later by one
of the elder brothers, Abdul Majeed, alleging that the signatures of the
deceased were obtained by fraud, or false representations made to him; that the
document and its protocol were copies of a deed of gift which the deceased had
entrusted Isdeen, one of the executors, to get ready.
At the trial the District Judge proceeded to settle issues in accordance with
section 533 of the Civil Procedure Code. Mr. Bawa, for the propounders of the
will, suggested the following issue: " Was the will dated October 22, 1917, duly
executed by the deceased, C. L. M. A. L. Marikar Alim? " All the respondents
agreed to this issue. But it appears that Mr- H. J. C. Pereira, leading counsel
for the members of the family who were attacking, the will, observed that he
understood the issue to embrace all the defences set up by the respondents in
their affidavits, and no objection appears to have been taken to this on behalf
of the petitioners. In addressing himself to the discharge of the onus which lay
upon him, Mr. Bawa, for the petitioners, contented himself with calling certain
witnesses to prove the execution of the will, that is to say, the notary who
attested the will and the two witnesses who were said to have subscribed their
names in bis presence. Isdeen, the principal executor and beneficiary, who took
an active part in making the arrangements for the will, was not called. Mr. Bawa
was asked early in the case if he intended to call him. He replied that at
present he did not intend calling him, but that, if necessary, he might call
him, and Isdeen was thereupon asked to leave the Court. Mr. Ismail, the
attesting notary, was called, and was examined and cross-examined at
considerable length, and the allegation that the supposed will was substituted
for a document which the deceased intended to execute as a deed of gift was
specifically and adequately put to him in cross-examination. Mr. Bawa having
closed his case, Mr. H- J. C. Pereira opened the case for the respondents, and
among other things opened facts
483
pointing to, or at
least providing, an opportunity for the fraudulent substitution above referred
to. He intimated that among other witnesses whom he would call would be the
wife, the widow of the deceased, and Haniffa Hadjiar, one of the witnesses to a
deed of
gift which was said to have been executed at the same time as the alleged
substitution. (He called three witnesses, who gave very
important evidence with regard to this suggested substitution: Uduma and Majeed,
sons of the deceased, who swore that he gave instructions to the notary to
prepare deeds of gift in favour of his sons Haniffa, and Hassim, one of the
executors, and Muhiseen, who confirmed the evidence of the other two witnesses
on that point, and swore that he was present when the deed in favour of Haniffa
was executed, and that a document purporting to be a deed of gift in favour of
Hassim was executed at the same time. This document, if it ever existed, has
disappeared. Ultimately Mr. Pereira did not think it necessary to call either
the widow of the deceased or Haniffa Hadjiar, the witness to the deed of gift to
Haniffa, whom in his opening he had intimated that he would call before the
Court, and closed his case. (Mr. Bawa then proposed to call the two petitioners
and Haniffa to lead evidence in rebuttal of the statements that a will had been
substituted" in place of the deed of gift in favour of Hassim on October 18, and
that instructions were given by the Alim for a deed of gift in favour of Hassim.
He also proposed to call certain other witnesses not material at this point to
mention. The respondents opposed Mr. Bawa's right to call these witnesses, and
the Judge refused to allow them to be called. The grounds of his order were
subsequently explained in his judgment, and appear to have been two.
The first reason was, in effect, that he had already formed two conclusions :
one against the petitioners on the question of the execution of the will, and
the other against the opposing respondents on the question of fraud. He
considered that the petitioners had not proved the due execution of the will,
and that their opponents had not made out a case of fraud, but had only shown
its possibility or probability. He, therefore, ruled that it would be
superfluous to hear evidence to nagative a case of fraud which had not been
prima jade established. I do not think that it was competent for the learned
Judge to take such a course at this stage of the case. He had not yet finally
heard counsel for the petitioners on the question on which he had formed a
conclusion against them. Although he was not satisfied that fraud had been
proved, but only an opportunity for fraud, it appears, nevertheless, from the
narrative in which he has embodied his views of the case, that he had made
certain incidental findings of fact bearing on that question. He accepts the
evidence of Muhiseen, Majeed, and Uduma that the Alim instructed Isdeen to get
prepared by Mr. Ismail two deeds of5 gift: one in favour of Hassim, and the
other in favour of Haniffa ;
484
that documents
purporting to be these deeds were presented to the Alim for execution on October
18, and were executed by him one after the other. The supposed deed in favour of
Hassim, if it was executed, has entirely disappeared. The learned Judge also
accepts the evidence of Mr. and Mrs. Rodrigo that on the morning of this very
day, October 18, the draft will, which afterwards bore the Alim's signature, was
handed by them to Mr. Ismail, having been hurriedly prepared by them in
pursuance of his directions given to them the previous evening. All this, it
would appear, the learned Judge had found as facts, but he bases his conclusion
that the due execution of the will had not been proved, not on these
considerations, but on the fact that he did not believe the evidence of Mr.
Ismail and the attesting witnesses. Whether he was influenced in his disbelief
by his incidental findings above mentioned he does not expressly affirm or deny.
But, in my opinion, he ought to have been profoundly influenced by them. It is
impossible to divide this case into separate partitions. If the learned Judge
thought that Mr. Ismail was perjuring himself, when he denied that he ever
received instructions for a deed to Hassim, that he ever presented a document
purporting to be this deed to the Alim, or that the Alim ever executed such a
document, how could Mr. Ismail's credibility on the question of its execution
fail to be affected ? Similarly, if the learned Judge on hearing the evidence
had come to the conclusion that Hassim was not present on October 18 as alleged
by Muhiseen, such a conclusion must materially have affected his view as to the
credit to be attached to the evidence given by Muhiseen of the Alim's declared
intentions and to his evidence on other parts of the case. If, therefore, the
evidence tendered by the petitioners to rebut this whole story of the deed to
Hassim was otherwise relevant, it ought not to have been excluded merely because
the Judge, though believing the story, thought that it fell short of proving
fraud. The two parts of the case were closely intertwined, and the petioners
were entitled to demand that before forming his conclusion, whether on the issue
of execution or on the issue of fraud, the Judge should hear the whole evidence,
and be addressed on the case as a whole. In holding that, unless he was
satisfied with the evidence of the execution of the will, he need not concern
himself with the question of fraud; the learned Judge was unquestionably right
in law, but in excluding the evidence which he excluded, he was, in my opinion,
incidentally mistaken, inasmuch as this evidence, in view of the course which
the case had taken, had an important bearing on the question of execution.
The second ground on which the learned Judge rejected the evidence, if I rightly
understand him, is a distinct one. It is, that the petitioners were not entitled
in law to call rebutting evidence. The issue was a single issue. The onus was on
the petitioners. " Our law," he says, " provides for evidence to be led in
rebuttal
485
when there are
several issues, the burden on some of which is on one party, and on others on
the opposing party. But here there was only one issue, pure and simple, the onus
of which was on one party, the petitioners. I cannot understand how any one can
seriously contend that this simple issue should be construed as two issues,
throwing the burden on both the petitioners and the opposing respondents." The
learned Judge appears to consider that, this being the position, Mr. Bawa was
bound to produce his whole case before the respondents were called upon, and
could not claim to rebut any of the respondents' evidence after the respondents'
case was called. I do not think that this view of the case can be justified. The
petitioners alleged that the will was duly executed. The respondents, as part of
their case, alleged that its execution was procured by fraud. It was for the
petitioners on their side to prove the execution, and for the opposing
respondents to prove the alleged fraud. In electing to confine his evidence, in
the first instance, to evidence of execution, Mr. Bawa was acting entirely in
accordance with the principles which have been laid down on the subject in the
English Courts. (See the cases of Shaw v. Beck 1 and Penn v. Jack 2 The
observations of Pollock C.B. in Shaw v. Beck1 are almost exactly in point in
this case: " But there are cases in which, I think, the plaintiff is entitled,
almost as a matter of right, to give evidence in reply. Where there are several
issues, some of which are upon the plaintiff and some upon the defendant, the
plaintiff may begin by proving those only which are upon him, leaving it to the
defend ant to give evidence in support of those issues upon which he intends to
rely; and the plaintiff may then rebut the facts which the defendant has adduced
in support of his defence. But it is urged that, in the present case, there are
no pleadings, and that the plaintiff's case is resolved into a single
proposition, with which he must deal at once, and that he was bound to go into
the whole of his case upon receiving the intimation of the defence, and that
such an expression of opinion is to be found in the case cited in the Court of
Common Pleas. But I think that the plaintiff was entitled to rely upon a prima
facie case, by proving the execution of the deed, for that was all which it was
incumbent upon him in the first instance to establish. He had a perfect right to
do so, and to leave it to the defendant to impeach the consideration, and he was
entitled in reply to rebut the defendant's evidence. " See also the observations
of Lord Brougham in Warning v. Waring.3 There seems no doubt, therefore, that,
if the principles of English procedure are to be applied, Mr. Bawa ought to have
been allowed to call his rebutting evidence on the question of fraud. He was not
entitled to " split his case " on any one issue. He could not, having refrained
from calling Isdeen on the question of execution, afterwards call him to rebut
the evidence given by the respondents on that
1 8 Ex. 392.
2 (1866) L. R. 2 Eq. 314.
3 Moore P.C.315
486
.issue. ' But he was entitled to call Isdeen and the other witness he ..mentioned to rebut the evidence given by the respondents on the issue-of fraud. Reliance is, however, placed on section 163 of our own Civil Procedure Code. This section declares that " where there are several issues .... produced by the opposing party as parties. " There is no question that this section was intended to embody the principle of the English law above explained. On the words of this section Mr. Hayley makes two points. In the first place, he contends that section 163 of the Code, when it says that a party " may reserve " the evidence, means that the reservation must be made in express terms before the other party is called upon. Here Mr. Bawa said nothing. He simply closed his case, and never mentioned the subject of rebutting evidence until the respondents' case was closed. Mr. Hayley urged that it is the practice in Ceylon Courts, when such an election is made, for it to be made in express terms, and desired an opportunity of tendering evidence as to this practice. My brother De Sampayo, who has an unexampled experience of the practice of our Courts, knows no such regular rule as that suggested by Mr. Hayley. We did not think it necessary to hear the evidence tendered. There is nothing in the words of the Code itself to justify the plea that the election must be expressly made. It is plain, from the English cases above cited, that there is no such principle observed in England, and I do not think that such a principle ought to be imported into a provision which was clearly intended to embody the English law. In the second place, Mr. Hayley contends that the word " issue " in that section must be interpreted as meaning an issue expressly framed in accordance with section 386 of the Code, and that it cannot be interpreted as meaning simply a question to be decided by the Court. In this case he points out that only one " issue " was framed, and consequently he says that there was no opportunity for the application of the section. This is a highly technical contention. It is true that only a single issue was framed, but it was understood by the parties that the issue covered all the points raised in the affidavit, and one of those points was a distinct charge of fraud. Had the issues been more regularly framed, there would have been a separate issue on that point. It is unfortunate that and such loose arrangements should have been tacitly come to. As is was come to, it would not be in the interests of justice that it should be rigidly interpreted. Technically speaking, Mr. Hayley's point is a good one. But the Court. fortunately has it in its power to escape from such technicalities. The Court has a discretion, at any period in a case, to allow further evidence to be called for its own satisfaction, even though it is doubtful whether it is admissible, on the request of the party desiring it as of right. (See Budd v. Davison.1[1 29W.R.192.]) Mr. Hayley protests that to act on such a principle
487
is to brush aside the
terms of the Civil Procedure Code. In my opinion so to act is not to brush aside
the Code, but to interpret it according to its spirit, instead of according to
its letter. In '.this' case the learned Judge ought, in my opinion, to have
exercised' his discretion to allow the evidence, even though Mr. Bawa, on the
strict terms of the Code, was not entitled to call it as of right; and if the
learned Judge's first reason for excluding the evidence, which I have discussed
above, is to be taken as a reason for not exercising that discretion, I think
that that reason is a mistaken one, in that it does not take account of the full
facts of the case. It is repugnant to one's ideas of justice that evidence
should be given charging persons, who had hitherto borne a respectable position,
with a gross fraud ; that the Judge should hold that it was possible, and indeed
highly probable, that they had committed this fraud, and yet that they should be
denied an opportunity of giving their version of the circumstances when they
were anxious to do so, either because the Judge, though he thought it highly
probable that they had committed the fraud, did not think that it had been
proved that they had done so, or because of a technical interpretation of the
rules of procedure. ......
Mr. Hayley, indeed, commented with some justice on the fact that no application
was made to recall Mr.- Ismail to give evidence in rebuttal. This was no doubt
due to the fact that counsel for the petitioners found themselves embarrassed by
their own tactics. The charge the alleged substitution had been definitely put
to Mr. Ismail in cross-examination, and he had formally denied it in
re-examination. If Mr. Ismail had gone into the matter fully in re-examination,
there would have been no plausibility in their reserving the evidence of Isdeen
for the purpose of giving evidence in rebuttal. Mr. Ismail, however, having
dealt with the subject in his evidence, there would have been no plausibility in
asking for him to be recalled in order to deal with it again. Similarly, their
decision not to call Isdeen for the purpose of proving the execution of the will
was no doubt influenced by their desire to reserve him for the purpose of
rebutting the charge of fraud when it was fully laid before the Court. Those who
advised the petitioners had no doubt very good reasons for the course which they
took, but they have had to pay the natural penalty for taking it.
We were of opinion, therefore, that the learned Judge ought to have heard the
evidence tendered, and Mr. Bawa contended that if we took that view, he was
entitled to a new trial. But by section 15 of the Evidence Ordinance it is
provided that the improper rejection of evidence shall not be a ground of itself
for a new trial, if it shall appear to the Court that, if the rejected evidence
had been received, it ought not to have varied the decision. It would have been
obviously very difficult for us to have formed any conclusion as to the effect
of the evidence upon the case until it was actually
488
heard. It seemed to
us out of the question at that stage of the case, after twenty-five days' trial
in the Court below, and after more than ten days' argument on the whole facts of
the case before ourselves, to order a new trial for the purpose of having that
evidence taken. We determined, therefore, following the example of the Court of
Appeal in Bigsby v. Dickinson,1[1 (1876) 4 Ch. D. 24.] to take the
evidence ourselves and to reserve any further action on the point until the
whole argument on the case was concluded.
We accordingly called the three witnesses whom Mr. Bawa tendered in the Court
below, namely, the two petitioners, Isdeen and Hassim, and the fifth respondent,
Haniffa, and we directed that their evidence should be confined to the points on
which their evidence was so tendered, namely, " the rebuttal of the statement
that a will had been substituted in place of the deed of gift in favour of
Hassim on October 18, or that any instructions were given by the Alim for a deed
of gift in favour of Hassim. " In explaining his reasons or objecting to the
reception of this evidence in the Court below, Mr. Hayley had urged that if he
had raised no objection to the evidence, he would have been bound to
cross-examine the witnesses, not only on the points on which they were called
but also on the whole case. We, therefore, directed Mr. Hayley in this Court to
confine his cross-examination within the same limits as those above indicated,
except in so far as he desired to cross-examine the witnesses as to their
credit. Mr. Hayley strongly objected to the course we had taken in calling these
witnesses, and we took a note of his objection. But he raised no objection to
the limitation imposed upon his right to cross-examine. Mr. Bawa on the other
hand formally applied to us that the witnesses called by the Court should be
allowed to give evidence to contradict a series of statements, which he
enumerated, given in the course of the respondents' evidence. Those statements
are as follows: -
(1) Marginal page 258. The statement that the Alim expended Rs. 500 on charity.
(2) Marginal page 260. The alleged attmept of Isdeen and Noordeen Hadjiar to get
the Alim to write a will after September 29, 1917.
(3) Marginal page 263. That Isdeen and Majeed' mainly tried to get the Alim to
write a will.
(4) Marginal page 267. That on October 1 and 2 Isdeen came with a paper showing
properties to be given to the various children, and that the Alim refused to
make a will, saying that it was against his religion.
(5) Marginal page 267. That the Alim said that he would give 21, Colombo street,
to Hassim, Ac.
(6) Marginal page 268. That the Alim gave instructions to get a gift of the
Kandy property prepared.
489
(7) Marginal page
269. That Isdeen asked Uduma Lebbe to get the Alim to make a will at subsequent
conversations.
(8) Marginal page 275. That Muhiseen was present on October
(9) Marginal page 275. That Ismail said he had prepared a deed for Hassim.
(10) Marginal page 27. That more than three documents were put before the Alim.
(11) Marginal page 276. That Hassim was present, and the other circumstance Of
the alleged transaction.
(12) Marginal page 278. That the Alim told Isdeen to get ready a deed of gift to
Thassim.
(13) Marginal page 301. That after the will was read, Muhiseen asked to see it
and was put off.
(14) Marginal page 307. That Muhiseen told Majeed that his father had told him
that two deeds-one of them for Hassim should be prepared.
(15) Marginal page 316. That on December 13 Thassim and Haniffa asked Isdeen how
the will came, and that Isdeen said, " Father had written a will secretly, " and
that Muhiseen was present at the conversation.
(16) Marginal page 338. The alleged conversation, two or three days after the
dowry feast, as to the religious scruples of the Alim.
(17) Marginal page 338. That Isdeen said he had previously tried to get the Alim
to make a will and' failed.
(18) Marginal page 341. The alleged conversation between Isdeen and Uduma on
December 13.
(19) Marginal page 342. The alleged disturbance at the reading of the will.
(20) Marginal page 335. Uduma's statement of his status in the family and his
father's affection for him.
(21) Marginal page 368 seq. As to Majeed; the history of his connection with the
firm.
(22) Marginal page 377. That Majeed tried to persuade Isdeen to settle the
matter of the will.
(23) Marginal page 378. That Isdeen said that nothing could be done, but that
the matter would be settled after probate.
(24) Marginal page 386. Majeed's valuation of the property.
(25) Marginal page 401. That Majeed said to Isdeen, " What a pity, " &c, and the
rest of the conversation.
(26) Marginal page 403. That when asked to attend the reading of the will,
Majeed said, " What nonsense, are you telling," &c.
(27) Marginal page 413. That after the reading of the will Majeed asked and was
refused inspection.
Mr. Bawa's application was rejected and he was directed,, to confine himself to
Nos. (5), (6), (8), (9), (10), (11) and (12) of the statements which he
enumerated.
490
At this point we had to consider another question of procedure raised by Mr. Brooke Elliott, counsel for Haniffa, the fifth respondent, who was separately represented both in the District Court and on appeal. In the District Court counsel for the fifth respondent appeared in Court, and, from certain evidence taken before ourselves, it would appear, as was indeed natural, that he wag acting in co-operation with the two petitioners. He acquiesced in the course taken by the two petitioners with regard to the proof of their case, that is to say, in their confining their case, in the first instance, to evidence of the execution of the will. At any rate, he raised no objection to this course. As evidence was called on behalf of the opposing respondents, counsel for the fifth respondent cross-examined the witnesses, taking his turn in the order in which he stood on the record. "When the opposing respondents had finished their case, and before Mr. Bawa had made his application to call evidence in rebuttal, counsel for the fifth respondent proposed to call general evidence on behalf of his client. The learned Judge having heard argument, refused to allow the fifth respondent to lead any evidence at that stage. No substantive application was made by counsel for the fifth respondent to call his client or any other witness in rebuttal of the evidence of fraud. The learned Judge gave his reasons for rejecting the evidence tendered on behalf of the fifth respondent in his judgment. (See marginal pages 553 to 555). The position of a beneficiary under a will, who, for the purposes of the testamentary action, is made a respondent under our Code, and who appears in Court solely for the purpose of supporting the will, has never been definitely settled. He is not a party to the issues joined between the petitioners and the opposing respondents, but he is a party to the case. Whether he is entitled to take an independent line in the action, to object to the tactics adopted by the executors propounding the will, to insist on calling additional evidence, or to raise independent objections to the course taken by those who oppose the will, it is not necessary for us here to discuss. We are informed that in a local case a respondent who appeared in support of the will was allowed by this Court to object to a compromise come to between the executors and the opposing respondents, and justice certainly seems to require that he should be allowed to be heard for this purpose. Mr. Elliot further pressed us with the case of Beardsley v. Beardsley,1[1 (1899) 1Q.B.D. 746.] as showing that such a respondent would be estopped by a decision in the testamentary action as res judicata against him. As I have said, however, it is not necessary for us to discuss this question or to discuss the reasoning of the learned Judge in his judgment, because it is quite clear that, even if we accept the position that the fifth respondent was entitled to tender independent evidence in support of the will, such evidence ought to have been tendered ok the conclusion of the case.
491
of those whom he was
supporting. The proxy which the fifth respondent signed in favour of his proctor
was simply a proxy to support the will. The fifth respondent was not entitled to
wait until the opposing respondents had disclosed their whole case, and then to
start a fresh case for the purpose of upholding the will in reply to the
evidence of the opposing respondents. Mr. Elliott complained that no definite
charge of fraud was made against his client until the opening speech of counsel
for the opposing respondents, and pointed out that as soon as he was personally
implicated in the fraud he filed a special list of witnesses. This list of
witnesses, however, does not differ substantially from the list filed by the .
petitioners, with whom the fifth respondent was co-operating. We Were informed
on the last day of the argument that it contained the name of one of the
attendants, but no application was made to us to call this attendant. With
regard to the charge of fraud against him, the fifth respondent was exactly in
the same positions as Isdeen and Haniffa, the two petitioners, who are also
implicated in the fraud. The aleged fraud was specifically put to Mr. Ismail in
his cross-examination on March 16. The name of Haniffa, the-fifth respondent,
was definitely mentioned- He knew at that date, even if he did not know before,
that he was said to be involved in the fraud. He was, therefore, fully in a
position to take any action on the matter when Mr. Bawa closed his case on March
28. It is. not possible to treat seriously the suggestion that he was misled by
the fact that he had cross-examined the witnesses in the order of his place on
the record into the belief that he would be entitled to-call independent
evidence in support of the will in the same order.. We thought, therefore, that
the evidence on behalf of the fifth respondent at the stage at which it was
tendered was rightly rejected.
Before this Court Mr. Elliott claimed that, not having been heard1 in the Court
below, he was entitled, if further evidence was adduced in this Court, to lead
evidence on the whole case. He applied for permission to call, in the first
place, the fifth respondent himself; secondly, Mr. Leslie de Saram, to prove
that Mr. Ismail had had several conversations with him on the subject of certain
legal business on which he had been employed by the Alim; thirdly, a well-known
auctioneer and valuer, Mr. A. Y. Daniel, who is said to have valued the
properties in the inventory to the will, to prove his valuation- The Court did
not think it necessary to examine either Mr. de Saram or Mr. Daniel. It was
prepared to assume that, with regard to the important business which had been
entrusted by the Alim to Mr. Ismail, he would have had conversations with the
proctor for the purchasers. It was also prepared to assume that the valuation of
the properties contained in the inventory were duly and properly made. The Court
was calling Haniffa of its own motion, and gave Mr. Elliott an opportunity of
examining him in
492
chief. Mr. Elliott
further applied for leave to examine Isdeen on the whole case. This application
the Court rejected.
It may be incidentally mentioned on this point that, as Mr. Bawa in his opening
address to the Court laid stress upon what was said by Mr. H. j. C. Pereira in
his opening speech for the opposing respondents in the Court below, and as Mr.
Pereira has since left the Colony, we thought it best that the terms of Mr.
Pereira's speech should be before us on affidavit. Mr. Hayley upon this desired
to tender a counter-affidavit as to the statement of Mr. Pereira above referred
to, that he understood the issue settled to cover all the points raised in the
respondents' affidavits, and also generally on the whole case, to rebut certain
suggestions made by Mr. Bawa that the appellants were misled and prejudiced by
the conduct of the respondents' case in the Court below. We intimated to Mr.
Hayley that we considered that there was no occasion for him to submit an
affidavit on these points. With regard to the first, we were content to rely
upon the reference made by the learned Judge in his judgment; and in regard to
the other points, we did not consider them substantial. Mr. Hayley also desired
to tender evidence as to the supposed practice of practitioners in the Ceylon
Courts, with regard to intimating an election, to reserve evidence under section
163. We have dealt with this matter above.
These preliminary matters being disposed of, and the additional evidence having
been taken, we were in a position to consider the whole of the evidence in the
case for the purpose of our decision on appeal- The case on this point could be
approached in two ways. It would be possible for us, on the one hand, to say
that the case is throughout a question of fact; that the Judge had made certain
findings of fact; that he had accepted the evidence of some witnesses and
distrusted the evidence of others, relying very largely on the manner and
demeanour of those witnesses; and that all that we need ask ourselves was,
firstly, whether there was evidence in the Court below to justify his findings;
and, secondly, whether we thought that those findings would have been affected
by the additional evidence given before ourselves. We might, on the other hand,
approach the case directly, and ask ourselves what ought to be the view of the
Court on the whole facts of the case as now disclosed before us.
With the greatest possible respect for the findings of fact of the learned
Judge, I prefer to approach the case in the second of the alternative manners
above indicated. I should regard it as a misfortune, if a case of this nature,
involving a charge of fraud against a professional man, an officer of this
Court, should have to be, decided on appeal simply upon the basis of the
impression which the manner and demeanour of witnesses made upon the Judge in
the Court below. In this case I recognize that the opinion of the learned Judge
on the manner and demeanour of the witnesses is
493
entitled to special
weight. He is himself intimately acquainted with the Tamil language, in which
most of the evidence was given, and, by virtue of his practical acquaintance
with the work of the legal profession, he was well qualified to test the
evidence of Mr. Ismail as a professional witness. Moreover, the nature of the
witnesses on whose evidence he depended gives special force to his conclusions.
Muhiseen was a young man barely of age, the son of a religious and conscientious
father, with whom he was living at the time of his death. Uduma was an elderly
man, who had had a stroked of paralysis between his father's death and his
appearance in Court. Like his father, he was of religious habits, and, if his
evidence is to be believed, had been selected by his father to make a pilgrimage
to the holy cities on his behalf. At the time when he gave his evidence he might
be considered as having one foot in the grave. Two such witnesses might well be
supposed to be exempt from the corrupt influences of that debased standard of
truthfulness, which from time to time proceedings in these Courts unfortunately
force upon our notice. Nevertheless, if there are considerations other than
those of manner and demeanour which can guide the Court, I would, in such a
case, prefer to be guided by them, or, at any rate, I would prefer not to act on
impressions of manner and demeanour, unless they are confirmed by such other
considerations- The manner and demeanour of a witness must always depend on the
moral standard of the witness and of the circles in which he moves. The
confusion of a witness may be due, not to consciousness of guilt, but to
nervousness under the dissection of a powerful cross-examiner. While, as I say,
I feel that the impression made by the witnesses upon the Judge in this case
ought to receive special weight, I should feel rather more confident in acting
upon those impressions if they were less enthusiastic and unqualified. In a case
of this kind, where a large family is divided into two camps, each accusing the
other of the most unscrupulous fraud and perjury, and where either side has not
only an acute personal, but also a substantial pecuniary interest in the result,
I prefer to regard both parties with a certain suspicion. I prefer, in
particular, to distrust the evidence of conversations with the deceased
testator. There is, I think, in this case circumstantial evidence, which is
decisive of the main issue of fact, and if it is, necessary that the Court
should give a decision as between the conflicting evidence on that issue of
fact, it affords some satisfaction to be able to base that decision upon
considerations of that character.
Before proceeding to an analysis of the evidence, I would state briefly what I
understand to be the law upon the subject. It has been established by a long
series of decisions, the most important of which are Barry v. Butlin,1 Baiter v.
Butt,2 Fulton v. Andrew,3 Tyrrell
1 (1838) 2 Moore P. C. 480.
2 (1838) 2 Moore P. C. 317.
3 L. R. 7 H. L. 448.
494
Painton1 (see also
Orion v. Smith,2 Dufaur v. Croft,3 Wilson Basil, 4 and Suhhir v. Kadar Nath 5),
that wherever a will is prepared . and executed under circumstances which arouse
the suspicion of the Court, it ought not to pronounce in favour of it unless the
party propounding it adduces evidence which would remove such suspicion, and
satisfies the Court that the testator knew and approved of the contents of the
instrument. It is now settled that this principle is not limited to cases in
which the will is propounded by a person who takes a special benefit under it,
and himself procured or conducted its execution. It may very will be that a
refusal to grant probate in such a case may involve an imputation of fraud upon
the party propounding the will. This is no objection to the operations of that
principle. (See Baker v. Butt (supra).) The Court is not necessarily bound to
give a decision upon the truth or falsehood of the conflicting evidence adduced
before it upon the question of fraud. What it has to ask itself is whether in
all the circumstances of the case it will give credit to the subscribing
witnesses, or the other witnesses adduced to prove the execution. Nor is it an
objection to the operation of this principle that the evidence which casts
suspicion on the will, though it suggests fraud, is not of such a nature as to
justify the Court in a finding of fraud. (See Tyrrell v-Painton.1) The principle
does not mean that in cases where a suspicion attaches to a will a special
measure of proof or a particular species of proof is required. (See Barry v.
Butlin (supra).) It means that in such cases the Court must be " vigilant and
jealous in examining the evidence in support of the instrument, in favour of
which it ought not to pronounce unless the suspicion is removed, and it is
judicially satisfied that the paper propounded does express the true will of the
deceased." There are two forcible expressions used in the cases which emphasize
this principle. One is, that it is the duty of the party propounding the will "
to satisfy the conscience of the Court "; and the other is, that the onus lies
upon that party " of showing the righteousness of the transaction." The law is
summed up by Davey L. J. in Tyrell v. Painton (supra) as follows: " The question
appears to me to be whether the learned Judge applied his mind to the right
issue. If the case had been tried by a jury, and he had directed them that what
they had to try was whether Tyrrell had made out to their satisfaction that the
will of November 9 was obtained by fraud, I should have said that this was a
misdirection. There rests upon that will a suspicion which must be removed
before you come to the plea of fraud- It must not be supposed that the principle
in Barry v. Butlin 6 is confined to cases where the person who prepares the will
is the person who takes the benefit under it: that is one state of things which
raises
| 1 (1894) P. D. 151. | 4 (1903) P. 329. |
| 2 (1873) L. R. 3 P. & D. 23. | 5 I. L. R 405. |
| 3 3 Moore P. C. 136. | 6 (1838) 2 Moore P. C. 490. |
495
a suspicion; but the
principle is that wherever a will is prepared under circumstances which raise a
well-grounded suspicion that it does not express the mind of the testator, the
Court ought not to pronounce in favour of it unless that suspicion is removed.
Here the circumstances were most suspicious, and the question a Judge has to ask
himself is whether the defendants have discharged themselves of the onus of
showing the righteousness of the transaction, and, without going again over the
circumstances which have been referred to, I am compelled to say that they have
not."
Mr. Bawa, for the appellants, did not dispute these propositions. What he
contended was that, properly considered, there was nothing in the circumstances
of the case to cast any suspicion on the will at all. The various circumstances
suggested were all capable of easy and natural explanation. The will had been
proved in the most normal and ordinary manner by the evidence of the notary who
drew it and the attesting witnesses who signed it. The only thing which
impeached the credit of the will was, not a suspicion, but a charge, namely, a
charge that it had been obtained by fraud, and he maintained that, in the
absence of any suspicion attaching to the will, he must be considered as
conclusively entitled to probate, unless, the charge of fraud were affirmatively
established. He based this contention upon two of the rules laid down by Lord
Penzance in the case of Guardhouse v. Blackburn,1 namely, (1) that the fact of
the testator's execution of a will is sufficient proof that he knew and approved
the contents; and (2) that the fact that the will was duly read over to him is
conclusive proof that he knew and approved the contents. He, therefore,
maintained what the Court should ask itself is, " Has the charge of fraud been
proved?" The' learned Judge does not consider that the charge of fraud was
proved. Mr. Bawa, therefore, contends that on the authorities cited he is
entitled to probate. In my opinion there is no substance whatever in this
argument. In the first place, it rests upon the supposition that there are no
suspicions attaching to this document apart from those engendered by the charge
of fraud. In my opinion the document is loaded with the most substantial
suspicions. Further, Guardhouse v. Blackburn1 has no application at all to the
present case. The attempt of Lord Penzance in that case to codify the principles
of the law with which he was dealing has not had a wholly fortunate history, and
even the principles above cited are now recognized as being subject to
qualification. Guardhouse v. Blackburn 1[1 (1866) L. B.1P.& D. 109.]
is not concerned with the present class of case at all. The class of cases Lord
Penzance was considering was that of cases where a will had been admittedly
executed and admittedly read over to the testator, and where the real question
to be determined was whether the testator knew and approved what he had signed,
or, to speak more precisely, the whole of what he had signed. All
496
that Lord Penzance
really meant to lay down is expressed by him concisely in the subsequent case ol
Alter v. Atkinson1: " Once get the facts admitted or proved that a testator is
capable, that there is no fraud, that the will was read over to him, and that he
put his hand to it, and the question whether he knew and approved of the
contents is answered." It is, I think, clear that Guardhouse v. Blackburn 2 has
no bearing on the present case.
With this introduction I proceed to consider what are the points of suspicion
which attach to the document propounded as a will, and before I do so, I would
say, in the first instance, to adapt a phrase of Lord Russell, that these
suspicions must be real and reasonable suspicions. They must not be suspicions
conjured up. I prefer, therefore, in considering whether on any point a
suspicion has been established, and if so, whether it has been removed-to put
aside all points on which the considerations relied on as being suspicious seem
to me equivocal-that is to say, equally capable of two explanations: one
innocent, and the other the reverse.
In the first place, it is suggested that there was an inherent improbability in
the Alim making a will by reason of the fact that he was a pious Moslem. There
is undoubtedly a passage in the Koran which, though at first sight it seems to
recommend and not to prohibit the making of wills, is authoritatively
interpreted in the second sense. There is no question that this is the accepted
view of all Arabic commentators, and it may be taken that this was also in
theory the view of the Alim as an' orthodox Moslem. On the other hand, we know
that such considerations, when it comes to a practical question, often sit very
lightly even on religious minds. We have the evidence of Mr. de Fry, the notary
called by the opponents of the will, to the effect that nowadays the making of
wills by Moslems is not uncommon. We have the fact that the Alim had in his own
safe a will by his uncle (who may also be assumed to have been a pious Moslem),
and that he referred to this will in his last illness I do not consider,
therefore, that the suspicion said to attach to the will by reason of the Alim's
religious character is of a substantial nature We now come, however, to the
suspicions of a much more substantial nature. It appears that Isdeen, who was
the primary beneficiary under the will, and whose interest in the will was out
of all proportion to his legal share, took a very prominent part in its
preparation. He sent for Mr. Ismail for the purpose of receiving instructions.
He was present when Mr. Ismail came for the instructions. He sent for Mr. Ismail
again for the purpose of the
execution of the will. He assisted in the arrangements for the selection and the
summoning of the witnesses. He was himself present at the alleged execution.
With regard to the extent of the
1 (1869) L. R. I. P. & D. 665.
2 (1866) L. R. I. P. & JD. 109.
497
interest under the
will, it appears from figures which are not contested, which have been submitted
to us by Mr. Hayley, that out of an estate of the total nett value of Rs.
1,013,500, the property bequeathed to Isdeen, including the amount necessary to
pay off
certain mortgages, amounted to Rs. 475,000 in value If we take the request to
Isdeen in conjunction with those two brothers, Hassim and Haniffa, who are
alleged to be his co-conspirators, it appears that the value of those requests
is, roughly, as follows: Isdeen, Rs . 475,000; Hassim, Rs . 199,500; Haniffa,
Rs . 177,500; or a total of Rs . 852,000, as against a total of Rs . 153,500
bequeathed to the whole of the remainder of the Alim's numerous children .....
But, in the absence of that explanation, the fact that Isdeen took so active a
part in the preparation of the will, and that he so largely benefited by it, is
a circumstance of a character which has always been held o to excite suspicion
as to genuineness of wills, and to throw the onus of removing that suspicion on
the propounders. The most natural person to call for the purpose of removing
that suspicion was Isdeen himself. It should be noted in this connection that he
told us in his evidence before this Court. that he was acquainted with his
father's general testamentary intentions before the will was made.
The next point of suspicion is also substantial, and is of a very singular
nature. ; It appears from the evidence of Mr. Ismail that} at the time when the
Alim was giving instructions for this will, and at the very time of the
execution of the will, and during the weeks immediately succeeding that
execution, he made a series of gifts inter vivos to three of the beneficiaries
under the will, namely, Haniffa on October 18, Thassim on November 12, and
Muhiseen on December 11. The explanation given by Mr. Ismail is a curious one: "
He said that his life was uncertain, and that the will was to be written in case
of emergency. In the meantime he said he would convey the properties by deeds of
gift. " This is a very peculiar story, and is one that strikes me as inherently
improbable. Why should a man, who had brought himself to the point of making a
will, proceed on such a singular principle? The three gifts made to the three
beneficiaries correspond in fact to the gifts made to them under the will. This
is emphasized by the counsel for the petitioners as showing the honesty of the
will. It is said, How could an inventor, before he forged the will, have
anticipated the Alim's intentions? The answer to that by the opposing
respondents is that the Alim made no secret of his intentions, and that
consequently persons preparing a will to be executed by or imputed to him would
naturally take note of those intentions. But there is one point in which one of
these gifts differs from the request in the will. The deed of gift is subject to
a fidei commissum. The request in the will is not so subject. Why should the
Alim give to Muhiseen by will a property free of any fidei commissum. and a few
weeks after give
498
him the same property
by deed subject to a fidei commissum ? Mr. Ismail gives an explanation, namely,
that the Alim had wished
to insert the fidei commissum in the deed, but that Mr. Ismail benevolently
remonstrated with him; that he had first succumbed to Mr. Ismail's remonstrances,
but that, when he came to execute the deed of gift, he resumed his original
intention, and, bearing in mind Mr. Ismail's remonstrances, committed the
execution of the deed to another notary. That is the explanation. It may be
true, but it cannot be said to be very plausible. But there is another point in
the working out of this arrangement which forcibly enhances the suspicion that
it excites. Prom Mr. Ismail's evidence it would appear that the Alim executed a
deed in favour of Haniffa on the very day on which he finally approved the draft
of the will. In the draft of the will as it originally stood the property given
to Haniffa appears as part of the request to Haniffa. When Mr. Ismail executed
the deed to Haniffa, he struck this property out of the will. He does not say
that he had any instructions from the Alim to do so. He does not say that the
Alim ever referred to the subject, or that he spoke about it to the Alim.. He
was closely cross-examined with regard to these two concurrent transactions, and
I have endeavoured from the evidence to prepare a time table showing the
material dates It would appear that, if Mr. Ismail's evidence on this part of
the case is true, he has no clear recollection of what occurred with reference
to these two parallel documents. If his evidence is false, it would appear that
this is a part of the case which he has not thoroughly thought out. In any case,
the incident is a very obscure one, and, as I say, enhances the suspicion which
this singular story excites.
There is another point in which this singular story of parallel liberalities
excites suspicion. According to the original draft of the will, the Alim
destined for Haniffa three properties: (1) 213, Sea street; (2) 38, Keyzer
street; (3) 148, St. Joseph's street. When he came to direct the preparation of
a deed of gift, the Alim authorized a deed only of the first of these
properties. Why, if his intention was to execute deeds of gift side by side with
the will, should he not include in the deed of gift to Haniffa all three of the
properties which he had bequeathed him by will? Isdeen in the box attempted to
give an explanation of this. He said that the Alim said to him, " Let us dispose
of the properties which are not under mortgage. " The point of this explanation
was that 38, Keyzer street, was under mortgage, and it is suggested that the
Alim intended to deal with the mortgaged properties subsequently in some other
way. But this explanation does not account for 148, St. Joseph's street, and the
fact that it is put forward by Isdeen redoubles the suspicion which the
circumstance-itself provokes. v The next point of suspicion is that the
witnesses to the will are not, as one would expect, witnesses of independent
character
499
To continue the
examination of the method in which the prima facie suspicious elements of the
story were met by the evidence tendered for the petitioners, we come to another
point. There is a most singular gap in the case for the petitioners. No account
at all is given of the finding of the will. The Civil" Procedure Code, by
section 516, directs that the finder of the will should deposit it in Court with
an affidavit describing the circumstances under which it was found. No attempt
was made to comply with this provision. It is said that it is a provision which
is not always complied with, and that it is only intended to apply to cases in
which a will is found by a person other than an executor. But, even accepting
this explanation, one would have expected that, in a case of this kind, where
the honesty of the will had been directly challenged, care Would have been taken
to give specific proof of every material detail in the story. No proof- is given
on this point. It is pleaded in excuse that everybody knew that at some point or
other the will was put into the Alim's safe, and that it was common ground that
when it was produced to be read it was produced from the safe. This does not
make it any the less important that those who propound the will should show the
exact circumstances in which it was first found in the safe.
I now come to a point, not derived from the case put forward by the petitioners,
but from the case of their opponents, and it is a point of great importance.
Evidence, which there is no reason to doubt, was called to show that a typed
draft of the supposed will was in existence some days before the date at which,
according to Mr. Ismail, instructions were given to him for the making of it.
The evidence is that of Mr. and Mrs. Rodrigo, who run a typewriting business not
far from the Courts. According to their books, a typewritten draft of the will
was prepared by them for Mr. Ismail by October 6. Mr. Ismail in his evidence
refers to this typewritten draft, and says that the instructions which led to
its preparation were given some five or six days before this typewritten draft
was prepared. If this interval is accepted, and; the time is reckoned back from
October 6, this brings the instructions to a date so soon after the accident
that, as the learned Judge very truly says, it seems quite impossible to
conceive the Alim being in a condition to give them, or, at any rate, to give
them in the manner related by Mr. Ismail. The evidence of Mr. and Mrs. Rodrigo
on this point casts the gravest doubts on the whole story of Mr. Ismail's
instructions.
Finally, with reference to this stage in our analysis of the case, it must be
pointed out that Mr. Ismail himself made the worst possible impression upon the
District Judge. We had not the advantage of seeing Mr. Ismail in the box. It is
impossible for us to judge whether the impression thus produced was due to the
fact that Mr. Ismail was not an honest witness (which is what the
500
learned District
Judge infers), or whether it was due to nervousness under a prolonged and very
close cross-examination. We must take the learned Judge's impression as he
records it, and that " impression must have its weight in the case. I should
like to-say, however, with regard to certain matters outside this case, as to
which Mr. Ismail was very fully cross-examined, that, in my opinion, undue
importance has been given to these matters. I am referring to the
cross-examination of Mr. Ismail with reference to his conduct in certain
litigation in which he was personally concerned. The object of this
cross-examination was to show that Mr. Ismail was unworthy of credit. It far too
often happens in cases before our Courts that a Judge is asked to form an
impression against a witness upon a detailed examination of the witness's
conduct, not in the case before the Judge, but in a case which was heard on some
other occasion. Mr. Ismail is criticised, because in two actions in which he was
personally sued in regard to transactions of no very great importance, he
pleaded fully and explicitly in one of the actions, but formally and technically
in the other. I cannot see why the fact that he chose to take this course, which
was not without reasons to justify it, should be held to discredit him in this
action. Nor do I think that he can seriously be criticised, because in the
course of cross-examination on these matters he was careful enough to reserve
explicit answers until he had consulted the material documents. As far as Mr.
Ismail's previous' record is concerned, it seems to me that he comes before the
Court with nothing against his character.
If the evidence in the case stood there, and if no definite theory as to the
manner in which the document purporting to be a will was executed was put
forward by the opponents of the will, could it possibly be said that the
propounders of the will had removed the very serious suspicion which attaches to
their account of the matter? I do not think it could. When one takes into
account the age of the Alim, the condition in which he was lying, the improbable
nature of the whole story, the disproportionate share allotted to Isdeen and his
two brothers, the important part which Isdeen is said to have taken in the
arrangements for the will, and the other circumstances I have enumerated, it
seems to me that any Court would have been justified in refusing to give credit
to the attesting witnesses. I do not say that there is any evidence that the
Alim's mind was clouded, or that at the time when the will was signed he had not
a full testamentary capacity, but he was in a condition of which advantage could
be taken, and the fact that he was at the time executing a great number of legal
documents put unscrupulous persons in a position to take advantage of that
condition.
But the case does not rest there. A definite alternative theory is put forward
by the opponents of the will, and that is, that on October 18 two documents
purporting to be a will were fraudulently
501
put before the Alim
in substitution of two copies of deed of gift which he supposed himself to be
executing in favour of his son Hassim Now, on this part of the story the Judge
has definitely accepted the evidence of the opponents of the will. But he has
accepted their story without having heard any evidence on the oilier side,
except a formal denial by Mr. Ismail in cross-examination. It is true that we
have now heard witnesses on the other side on this part of the case. But I
should be most reluctant to form any conclusion under these circumstances
between two sets of interested witnesses, unless that conclusion were based on
evidence of a circumstantial nature, particularly when a finding in favour of
the charge made by one set of witnesses involves a finding of fraud against a
professional man, and particularly when part of the case for that charge rests
upon alleged conversations with the dead man which no one can contradict.
I propose, therefore, to examine the documentary evidence and the general
circumstances of the case, in order to see, firstly, whether the facts which
they disclose are consistent or inconsistent with the rival stories that is to
say, the story of the instructions as told by Mr. Ismail, and the story of the
substitution as described by Muhiseen; and, secondly, as the whole theory of the
substitution depends upon the supposition that instructions were given for the
preparation of a deed to Hassim, whether there is any, and what, trace of such a
deed to be found, apart from the oral evidence of those who put forward the
story.
I will proceed, therefore, in the first place, to examine the pencilled
instructions produced in re-examination; and, in the second place, the
successive drafts of the will produced, partly in re-examination in the District
Court, and partly in this Court.
These two last points, namely, (a) the double alteration in the will, and (b)
the fact that the will was hurriedly prepared for the very morning on which the
alleged substitution is said to have been place, give a force and cogency to the
evidence of Muhiseen of which otherwise it would have been entirely destitute.
It is no longer merely oral evidence. It is oral evidence confirmed by
circumstances which cannot lie. It becomes evidence on which one can act even in
a case of this sort, with some degree of confidence. Taken with this
circumstantial corroboration, it carries conviction to the mind.
We have now completed our examination of the evidence of the case. What is the
effect of that examination on the question of the right of this will to probate?
Let us first of all ask another question, What is it that the Court has to
determine in order to ascertain whether the will is entitled to probate?
The learned Judge has declared that he is unable to credit the evidence of
execution tendered by the propounder, and he refused
502
probate on that
ground. In coming to this conclusion, he put aside the question of the alleged
fraudulent substitution, and accordingly excluded certain evidence bearing on
the question of that alleged substitution. We have now taken the evidence that
was excluded, we have embraced the question of this alleged substitution in our
general review of the case. Is it necessary for the Court to ask itself whether
the alleged fraudulent substitution has been proved I In my opinion it is not.
It is sufficient for the Court to ask itself, Has an opportunity for this
supposed substitution been shown, and is there a reasonable and substantial
suspicion: that advantage was taken of that opportunity? If the answer to these
questions is in the affirmative, then there is an additional suspicion of a very
grave character attaching to the will, reinforcing those suspicions which we
have already enumerated. It is the business of those who propound the will to
remove these suspicions. If the evidence which they adduce for that purpose does
not satisfactorily remove it, this fact emphasizes the necessity of scrutinizing
with the greatest care, and of weighing with the greatest deliberation, the
evidence tendered to prove the execution of the will. Further, in testing the
credibility of the witnesses adduced to prove the execution, and, in particular,
the evidence of Mr. Ismail, account must be taken of the evidence on the
question of the substitution, and the evidence of those witnesses who contradict
him.
Mr. Bawa, however, in his extremely forcible argument, protested against the
idea that it was his business to remove a general atmosphere of suspicion which
was supposed to envelop the will. He said that he was entitled to ask-suspicion
of what?-to narrow down the suspicion if he could, and to devote himself to
dissipating the suspicion so concentrated. He cites the case of Low v. Guthrie.1[1
(1909) A. C. 278.] There is no serious doubt in this case that the
signature which the will bears is the Alim's signature. From the place which the
protocol occupies in Mr. Ismail's file of notarial documents, Mr. Bawa very
justly argues that the latest date on which this document could have been
executed was October 24. The document bearing the next successive serial number
to that of the will is dated as of that date. If we accept the evidence of Mr.
and Mrs. Rodrigo, it could not have been executed earlier than October 18. The
only occasion on which Mr. Ismail, according to the evidence adduced by the
other side, is shown to have had access to the Alim within these limits is the
occasion of the execution of the deed of gift to Haniffa on October 18 itself.
The only possible explanation, so Mr. Bawa says, for the will bearing the Alim's
signature, if the theory of forgery is excluded, is that the signature was
obtained by fraud. The only form of fraud which can by any plausibility be
suggested, so argues Mr. Bawa, is that of substitution; in other words, that
the-Alim was induced to execute the document under the belief that
503
it was a document of
another character. The only date on which this substitution could have taken
place is, therefore, October 18. Mi*. Hayley, indeed, desires to guard himself
by the suggestion that Isdeen may by some device have obtained the Alim's
signature to the will without Mr. Ismail being present there at all. I think
that that possibility may be excluded. The Alim was far too accustomed to the
execution of notarial documents to execute them otherwise than in the presence
of a notary. I think, therefore, that Mr. Bawa is to this extent right, that all
the suspicious circumstances which attach to the will, if they are to have any
significance, point to something which must have happened between the morning of
October 18 and some time on October 24, and, if the evidence of those who oppose
the will is to be accepted, to something which must have happened on the morning
of October 18 itself. He is further right in saying that, accepting that
evidence, this something could only have been a substitution. Under these
circumstances he asks, " Am I not entitled to a clean answer, 'Aye ' or ' No-' ?
Has that substitution been proved, or has it not? " It seems to me that
the-authorities which I have cited above are against this contention. The fact
that the suspicions which attach to the will concentrate upon a particular point
does not affect the legal position. It is none the less the business of those
who propound the will to dissipate these suspicions. If there are already
suspicions attaching to the story, those suspicions are merely intensified, if
it is shown that on a particular date there was an opportunity for a particular
fraud. They are still further intensified if it is shown that there is very
strong reason to suppose that advantage was taken of that opportunity. The fact
that the original suspicions are thus doubly intensified ought not to put the
propounders of the will in a better position, or to cast upon those who oppose
the will an onus which was not upon them before.
All that we need ask, therefore, with regard to the evidence of the alleged
substitution, is this : Is there a reasonable suspicion that that substitution
took place, and if so, have the propounders by the evidence which we took in the
Supreme Court removed that suspicion ? That there is such a reasonable suspicion
no reasonable being can doubt. Has that suspicion, then, been removed by the
evidence of Isdeen, Hassim, and Haniffa ? With regard to Haniffa, his evidence
was certainly not of the character to remove any suspicions attaching to
anything, the manner in which he dealt with two points in his evidence, namely,
the question when he first took measures to secure that he should be separately
represented, and the question of the date when he signed the paper authorizing
the payment of a small sum to Muhiseen from the shop, was so-extremely perverse
as to suggest at least abnormal obtuseness. It did not seem to me, however, that
mere obtuseness would explain the series of answers which he gave. Those answers
pointed to the
504
fact of his being a
glib, unscrupulous, and unconscientious witness ; a man without any adequate
sense of the solemn nature of evidence given in a court of law. With regard to
Isdeen and Hassim, their evidence was of a negative character. They both
represented themselves as obedient and unquestioning instruments in the hands of
an imperious father. This was the explanation which Isdeen, in particular, put"
forward to cover a transaction relating to the estate of the Alim's second wife,
which is in its very nature prima facie unjustifiable, and which, unless
explained, must cast discredit upon the persons responsible for it. That
responsibility Isdeen casts upon his late father, the Alim. I am not prepared to
believe that the responsibility belongs to the Alim alone. At any rate, I think
it may be said with confidence that the evidence of these three witnesses was
not of a nature to remove from the mind of any Court any substantial suspicion
which the other evidence had already generated. Incidentally, therefore, I may
remark that if we had to look at the case in the manner suggested by Mr. Hayley,
that is to say, if we were to say the District Judge has made certain findings
of fact, that there is adequate evidence to justify these findings, and if we
were to ask ourselves whether those findings would have been affected by the
additional evidence called in the Supreme Court, there could be only one
possible answer to that question.
I am, therefore, definitely of opinion that there are the gravest suspicions
attaching to the document propounded as a will, that those who propound it have
not removed those suspicions, and that the evidence tendered in proof of the
execution of the will is not entitled to credence.
In view of the nature of the imputation which this ruling casts upon a
professional man, an officer of this Court, and in view of the nature of )the
proceedings which may be subsequently instituted, I should have preferred to
leave the question there. But in case it should eventually be thought that the
Court ought to have given an opinion on the definite issue of fact, whether or
not a fraudulent substitution was effected on' October 18, as alleged in
Majeed's affidavit, I will give my own opinion on that issue. In my opinion
there is evidence in this case on which a Court would be amply justified in
finding that such a substitution did in fact take place.
I have very carefully considered all these points, and I am satisfied, after
balancing all these considerations and counter-considerations, that though it is
not possible to fill in all the details of the picture, the true inference to be
drawn from the facts is that the execution of those two counterparts of the
supposed will was procured from the Alim in the belief that he was executing two
counterparts of a deed of gift to Hassim.
505
What convinces me is,
firstly, the inherent improbability of the story of the Alim executing a will,
and following it up by a succession of parallel deeds of gift; and, secondly the
unexpected and circumstantial corroboration of Muhiseen's story by the evidence
of Mr. and Mrs. Rodrigo, and by the double correction made in the draft will
with regard to the Colombo street and Sea street properties. There is, further,
the fact that the evidence of Mr. and Mrs. Rodrigo not only confirms the story
of the alleged fraud of October 18, but stamps Mr. Ismail's account of his
instructions as being fictitious, by disclosing that the draft of the will was
actually in type some days before those instructions were said to have been
received.
I would, therefore, dismiss the appeals, with costs. De Sampayo J. delivered a
separate judgment dealing with the facts.
Appeal dismissed.
164
Present:
Dalton J. and Jayewardene A.J.
UMMA SALOOMAR v. HASSIM.
21-D. C. Colombo, 22,866.
Promissory
note-Endorsement in blank-Negotiation by delivery- Holder for value.
An endorsement in blank makes a note payable to bearer.
Such a note is negotiated by delivery and when value has been given for it, the
holder is a holder for value against all parties except the person from whom he
receives it.
The compromise of a claim may be a good consideration for a promissory note.
APPEAL
from a judgment of the District Judge of
Colombo. The plaintiff sued the defendant on a promissory note for Rs. 5,000
made by the defendant in favour of one S. L. Naina Marikar Hadjiar and endorsed
and delivered by the latter to her. The defendant denied that Naina Marikar had
endorsed and delivered the note to the plaintiff for valuable consideration or
that the plaintiff was the lawful holder thereof. The defendant further pleaded
that he granted the note to Naina Marikar to be held by him as part security for
the payment to a brother of the defendant, one Abdul Raheem, of a sum of Rs.
15,000, in consideration of the said Raheem having consented to withdraw his 1
(1916) 1 Ch. 213.
165
opposition to an
award made in respect of the distribution of the estate of their father. He
stated that the notes were not meant
to be endorsed and that the liability on it had been discharged to the knowledge
of the plaintiff, who was the wife of Raheem. The learned District Judge gave
judgment for the plaintiff.
H. V. Perera, for defendant, appellant. B. F. de Silva, for plaintiff,
respondent.
July 20, 1928.
JayewardEne A.J.-
The plaintiff sued the defendant on a promissory note for Rs. 5,000 made by the
defendant on March 11, 1921, in favour of one S. L. Naina Marikar Hadjiar. The
plaintiff alleged that Naina Marikar endorsed and delivered the note to the
plaintiff for valuable consideration and that the plaintiff was now the lawful
holder thereof. The defendant denied that Naina Marikar had endorsed and
delivered the note to the plaintiff for valuable consideration or that the
plaintiff was the lawful holder. The defendant further stated in the third
paragraph of his answer that he granted the promissory note to Naina Marikar on
March 21, 1921, and on the same date the defendant's two brothers Isadeen
Hadjiar and Haniffa also granted each a promissory note for Rs. 5,000, to the
said Naina Marikar, to be held by him as security for the payment by the makers
to another brother of the defendant, one A. L. M. Abdul Raheem, of a sum of Rs.
15,000, in addition to-the amount payable to the said Abdul Raheem under the
award made on or about November 10, 1919, by Naina Marikar in respect of the
distribution of the estate of one Alim among his heirs, in consideration of the
said Raheem having consented to withdraw his opposition to the said award, and
that the said notes were not to be negotiated or endorsed over. The defendant
alleged that he and his two brothers had fully paid and discharged their
liability to Raheem in the said sum of Rs. 15,000, and that he was still
indebted to them. He further stated that the plaintiff is the wife of Raheem and
was aware of these facts and that she was suing for and on behalf of her
husband. After trial the District Judge entered judgment for the plaintiff as
prayed for, and the defendant appeals.
Alim, the father of the defendant and Raheem, died in December 1917, and a last
will dated October 22, 1917, was brought to Court, by defendant and Isadeen. The
District Judge held against the will and there was an appeal, but the order was
affirmed. The defendant appealed to the Privy Council but the parties agreed to
refer the matter to the arbitration of Naina Marikar, He made bis award on
November 20, 1919, which was accepted by Raheem
166
himself. The award
was brought to Court in a special case, but the District Judge held that it
could not be brought to Court in a special case. There was an appeal and an
order was made on April 26, 1920, affirming that order, but stating that it
could be v. relied on as an adjustment of the decree in the Testamentary case.
On August 30) 1920) the District Judge refused to accept the award in the
Testamentary case. On appeal the Supreme Court set aside the order of the
District Judge in September, 1921, and the award was accepted as binding on the
heirs. Then Raheem threatened to appeal to the Privy Council. In consideration
of Raheem consenting to withdraw his opposition to the award, the notes
mentioned in the 3rd paragraph of the answer were given. They were as a matter
of fact, handed to Naina Marikar.
The first issue was whether the note now in suit was made under the
circumstances set out in the third paragraph of the answer. The learned judge
has held that the note was made under those circumstances, except that there was
no understanding that the notes were not to be endorsed or negotiated. On
December 13, 1926, Raheem, by his Proctor, wrote to Naina Marikar asking for the
notes, and on December 18 they were sent to him duly-endorsed sans recours with
letter P 2 of Mr. Akbar, Naina Marikar's Proctor. The learned Judge is right in
thinking that Naina Marikar must have consulted his lawyers before endorsing the
notes, and he would not have endorsed if, in fact, they had been given subject
to the conditions now sought to be imposed.
If the notes were given to obtain Raheem's consent to withhold his opposition to
the award, there was valuable consideration for them. Valuable consideration is
defined " as some right, interest, profit, or benefit accruing to the one party
or some forbearance, detriment, loss or responsibility given, suffered, or
undertaken by the other." (Currie v. Misa.1[1 (1875) L.R. 10 ex. 153,
1 App. Cases 554.])
The compromise of a claim may be a good consideration for a promissory
note. (Cook v. Wright 2[2 (1861) 30 L. J. Q. B. 321.])
The learned judge has discussed the question of Raheem's indebtedness to
Alim's estate and to the defendant. He has carefully considered the terms of the
awards D 4 and D 5. He concludes that the question of the debts due by Raheem to
Alim's estate could not come into consideration after, the award had been
accepted, and that the sum of Rs. 15,000 which the defendant and his two
brothers agreed to pay was in addition to the amount awarded in P 5 and
therefore could not possibly have been subject to any condition as to the
payment of debts due to Alim's estate. He thinks that the notes were made out in
favour of Naina Marikar, and kept with him, because of an understanding that the
sums
167
due on the notes were
not to be recovered till all the assets had been realized. The District Judge
intimated this opinion to Counsel for the plaintiff after the plaintiff had
given evidence. It seems to me that this view is correct.
The plaintiff in her plaint stated that Naina Marikar endorsed and delivered the
note to her, but it appears that he really endorsed the note to Raheem, her
husband, and not to her. A bill or note is payable to bearer which is
expressed to be so payable, or on which only a last endorsement is an
endorsement in blank. (Bills of Exchange Act, s. 8.)
The endorsement by Naina Marikar specified no indorsee and made the note payable
to bearer (section 34).
Such a note is negotiated by delivery, and where value has at any time been
given for a bill, the holder is deemed to be a holder for value, against all
parties except the person from whom he received it. The plaintiff is thus a
holder for value of the note now in question.
The plaintiff is a Muhammadan woman and as such is entitled to her separate
property. She says that she sold four lands in Colombo and that her husband
Raheem took the money. She says that she spoke to Naina Marikar several times
about these notes and that towards the end of 1926 she was pressing him for the
notes. She says that her properties were sold to pay her husband's debts and
that he promised to endorse the notes to her. As a matter of fact the notes bear
her husband Raheem's endorsement. An antecedent debt may constitute valuable
consideration for a note. If her evidence is accepted as it has been by the
Judge, her husband was indebted to her at the date of the endorsement. She has
indeed received very little value for four Colombo houses. In that view the
plaintiff is a holder in due course, who has taken the note in good faith and
for value, and without notice of any defect in the title. As a matter of fact
there was no defect in the title. Even if the defendant had any personal
equities against Raheem, of which there is no proof, they are not binding on the
plaintiff.
It was contended that the plaintiff could not maintain this action as she
averred that Naina Marikar had endorsed and delivered the note to her, but the
issues and the evidence show that the case has been fully considered from the
standpoint that she was an endorsee from her husband and subject to all his
equities. The learned Judge has held in her favour.
I am of opinion that the judgment is right and the appeal should be dismissed
with costs.
Dalton J.-I agree.
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