LAWS(KER)-1992-12-39

VADAKKATH VALAPPIL MAMMIKUTTY HAJIS CHILDREN MUHAMMAD HAJI AND OTHERS Vs. MOONAMKUTTY VALAPPIL KALLIANI AMMAS CHILDREN KUNHUNNI NAIR AND OTHERS

Decided On December 01, 1992
Vadakkath Valappil Mammikutty Hajis Children Muhammad Haji And Others Appellant
V/S
Moonamkutty Valappil Kalliani Ammas Children Kunhunni Nair And Others Respondents

JUDGEMENT

(1.) The above appeal comes up before the Full Bench on a reference made by a Division Bench of this Court, by order dated 12-12-1989. The Division Bench felt that the decision in Parameswaran Thampi Vs. Podiyan Thomas, 1984 KLT 397 , relied on by the respondents in the appeal (Plaintiffs in the suit) in support of the decrees of the Courts below requires reconsideration. Since the decision in Parameswaran Thampi's case (1984 KLT 397) is one rendered by a Bench of this Court, the matter is referred for consideration by a Full Bench.

(2.) The short facts necessary for the dis-posal of this appeal are as follows:-

(3.) The following six questions have been formulated as substantial questions of law arising for decision in this Second Appeal. They are :