Abdul Majeed Ummu Thahira vs Commulage Don Mable Jeeny Rose – CA NO. 686/99 F -2011

In Abdul Majeed Ummu Thahira v. Commulage Don Mable Jeeny Rose, the court addressed the issue of the legal sufficiency of a deed executed solely by a left thumb impression of an alleged illiterate party, without an accompanying ink “mark,” in transfer of title to premises at Nos. 46/6 and 46/7 Modera Street. The central determination was whether such execution fulfills the requirements under Section 2 of the Prevention of Frauds Ordinance and Sections 31 and 33 of the Notaries Ordinance. The holding affirmed that a left thumb impression alone, in the absence of a “mark,” does not invalidate a deed provided other statutory requirements are satisfied. The principle was reaffirmed that substantive compliance outweighs formal defects unless expressly required by statute. Precedential support w