The main legal point established in the judgment is the interpretation of the legal effect of Stridhanam Gift Deed (Ext. B5) and its consent deed (Ext. B6) in the context of Marumakkathayam Law and Mohammadan Law, including the validity of ulterior transfers under the T. P. Act.

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 recites that the property comprised therein belonged to Pathumma and that after her death, it belongs to the executants and to Avulla, the eldest son of Pathumma and Mayan. It further states that it has been given as gift to Aliyumma to provide maintenance to her husband Koyyotan Sooppi. It makes certain further recitals as to the manner of enjoyment and as to the devolution of the property.

2. The property appears to have been demised on lease to one Govindan and another in favour of Avulla. Avulla, the eldest son of Pathumma and Mayan and who had not joined the original Stridhanam Gift Deed Ext. 65, executed on 27-4-1931 a registered Deed in favour of Aliyumma affirming the earlier Gift Deed executed in her favour by his father and other brothers. This consent deed has been filed and marked as Ext. B5 in these proceedings. Govindan, the original lessee appears to have died and the properties were in the possession of the 1st defendant as lessee. Aliyumma also appears to have died and her death gave rise to a dispute among the parties as to the ownership of the properties covered by Ext B5 and B6.

3. Avulla filed O.S. 205 of 1946, District Munsiff 's Court, Kuthuparamba against the tenant as 1st defendant for recovery of arrears of rent from 1941 to 1946 as per the lease deed in his favour in respect of the suit properties. In that suit, apart from the tenant as 1st defendant he made also Koyyotan Sooppi, husband of deceased Aliyumma, and Ahmad, brother of Aliyumma as defendants 3 and 4 respectively. The 2nd defendant was the plaintiff's brother Moidu who supported the plaintiff. Avulla contended that the properties belonged in Jenm to Kanumarath Tarwad on Kanom Kuzikanom right to his mother Pathumma. He as Karnavan of his Tavazhi, renewed the lease of the property with the Jenmi and took Marupat from the tenant. He disputed the right of his father and his other brothers to grant the Stridhanam in favour of Aliyumma. He also contended that after Aliyumma's death, her rights, if any, lapsed to his Tavazhi and that he alone is entitled to collect the rents and profits from the land. The tenant contended in that suit that the property belonged to Aliyumma and after her, to her brother Ahmad, the 4th defendant and that the rents have been paid to the 4th defendant and that she had no liability whatsoever to the plaintiff.

Koyyotan Sooppi, the 3rd defendant contended that the plaintiff has no rights and that he and Aliyumma's brother Ahmad are alone entitled to the properties under Mohammadan law and that he had already filed O. S.1062/ 45, District Munsiff's Court, Kuthuparamba for arrears of rent against the tenant. Aliyumma's brother, the 4th defendant adopted the contentions of Koyottan Sooppi the 3rd defendant and also admitted receipt of rent from the