CHATHOTH PARKUM KARETH KOMBI KUNHAMMAD KUTTY Vs. PARAMBATH CHATHANKANDI ENNA PONNAMBILATH PARAPRAVAN CHERIA MAMMAD

JUDGEMENT

(1.) The decision in this appeal turns on the interpretation to be put upon Ex. B, a gift deed executed by one Parapravan Bavotti Haji in favour of his daughter. The donor was a Mahomedan of North Malabar admittedly following the Marumakkatayam Law prevalent in those parts and he was the sole survivor and senior member of his tarwad.

(2.) Ex. B recites that he gifts the property " to you " (in the singular) and then goes on to say that " in future except for you and your offspring (santanam) there is no claim, concern or right of entry for me over this paramba.... you and your santanams should hold the said paramba in possession and enjoy the same as your jenmom. " Both the lower Courts have held that the form and circumstances of the gift necessarily lead to the inference that the gift was not for the donee's exclusive benefit but for her children also, and that the property gifted is therefore putravakasam property belonging to the donee's tavazhi.

(3.) The first defendant in this appeal challenges that finding. The point for determination is whether this was a gift to the daughter exclusively or a gift to her as the head of a tavazhi formed of herself and her children.