Sithy Fathima Zeenia Saleem Nee Noordeen vs Sithy Hafeela Alias, Noorul Hinaya Mohideen – CA 969/98 F -2013

In the case between Sithy Fathima Zeenia Saleem Nee Noordeen (plaintiff) and Sithy Hafeela Alias, Noorul Hinaya Mohideen (defendant), the court addressed the issue concerning the right of occupancy and the execution of a writ relating to property located at 26/1, 5th Lane, Kollupitiya, Colombo 03. It was determined that the defendant, who had occupied the premises for over 50 years, could withdraw the appeal, given that the plaintiff agreed not to execute the writ of possession for one year, thereby allowing the defendant time to purchase the property or secure alternative accommodation. This decision reaffirmed the application of equitable considerations within the framework of Muhammadan Law and endorsed the principle that parties may reach accommodations facilitating smooth transitions