MOORIYAT PUTIKAYIL KUNTIMINA Vs. MOORIYAT PATIKAYIL KUNTAMBI

JUDGEMENT

(1.) The gift by Mammi (Ex. A) under which items 1 to 4 were held by Biyathumma, is a gift to his wife and his three surviving daughters to be enjoyed by them and their female descendants hereditarily, males being excluded.

(2.) It was not contended on either side that the condition of enjoyment can stand so far as it excludes males altogether, and the gift must, therefore, be taken as a gift without that condition to Kunhi Pathumma and her three daughters.

(3.) Biyathumma having survived her mother and sisters, the question now is, whether she had a right to give the property to her own descendants or whether the plaintiffs who are descendants of one of her sisters, Uppennu, have joint rights in it and the gift is consequently bad and must be set aside.