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1957 Supreme(Ker) 156

KOSHI, VAIDIALINGAM
Koyyottan Sooppi – Appellant
Versus
Vaniyathi Kallyani – Respondent


Judgment :-

1. The plaintiff in 0. S.1062 of 1945, District Munsiff's Court, Kuthuparamba is the appellant before us. The short point for consideration in the appeal is regarding the title to the properties comprised in the Stridhanam Gift deed, Ext. B5 dated 30th June, 1925. The following geneological table, as supplied by the appellant's counsel will help us to appreciate (he relationship of the parties who will be referred to in this judgment.

Table:#1

It will be seen from the table that Pathumma and Mayan had a daughter Ummayya and four sons Avulla, Abooker, Moidu and Ahamad. Ummayya had a daughter Aliyumma and a son Ahmad. Aliyumma was married to Koyyotan Sooppi who is the plaintiff-appellant before us. Aliyumma's brother, Ahmad was the 2nd defendant in the suit. After Pathumma's death, her husband Mayan, along with his 2nd son Abooker and as guardian of his minor sons Moidu and Ahmad executed a document styled Stridhanam Gift Deed in favour of Aliyumma, granddaughter of Pathumma and Mayan through their daughter Ummayya who was also by then dead. The legal effect of this document will be considered later in the judgment. At this stage, it may be mentioned that the said document































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