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1973 Supreme(Ker) 244

MOIDU – Appellant
Versus
MAMMUNHI BEAKY – Respondent


Judgment :-

1. This appeal comes up before us on a reference by Krishnamoorthy Iyer J. Interesting questions as to the nature of the transaction evidenced by Ext.B1, Illidarwar deed and whether the jural relationship created by the same has been extinguished and if extinguished what rights the parties have in respect of the properties covered by that document, arise for consideration. The short facts on which the aforesaid questions arise are: Two items of properties, 51 cents in Sy. No. 100/5 and another 59 cents in Sy. No. 100/6, situate in Pallikkara Gramam belonged to deceased Mammunhi. Mariyumma, Asyumma and Abammad Kunhi are his children by his first marriage. Plaintiff is the son of Asyumma. By his second wife, Pathu, he has a daughter Aissabi, who is the 2nd defendant in this case. After the death of Mammunhi Ext. BI Illidarwar deed was executed by all the heirs of Mammunhi, i. e., the three children by his first wife represented by their mother as guardian, and the widow (the second wife) Pathu, who joined the execution of Ext. B1 in her own capacity and as guardian of the 2nd defendant. The consideration for the transaction was Rs. 565/- and was in favour of the 1st defen














































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