Ponthinoda Sainabi And Ors. Etc. vs Vatakkiloda Aboobackerkoya And Ors. ... on 30 May, 2001
In the decision reported in Padmavathi Amma v. Padrnanabhan Nair-(1990)l Ker LT 472 : (AIR 1991 Kerala 98) it was held (at p. 99 of AIR) thus :
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K.K. Padmavathi Amma And Ors. vs K.K. Padmanabhan Nair And Ors. on 1 February, 1990
Sainabi vs Aboobackerkoya on 30 May, 2001
In the above decision, Shamsuddin, J. after referring to the decision in Seetha & Ors. Krishnan & Ors. 1975 KLT 156, held that there is no presumption in the erstwhile Muhammadan Law that the gift in favour of a wife and some of the children will enure to the benefits of the thavazhi. This position coupled with what is stated in the Gazetter shows that (property in this case belongs to Agathi Island) the gift was made in favour of Kunhubee. It cannot be said to enure to the benefits of the thavazhi.
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