The parties being governed by Marumakkathayam Law, to answer the question, we shall have to refer to that law and ascertain the intention of the donor as reflected in the gift which was brought on record in the trial companyrt as Ext.
The trial companyrt dismissed the suit.
A l and then decide whether the gift to Kochukuni has to anure to her benefit alone or to her Tavazhi.
Feeling aggrieved, the daughter of Kochukunhi has filed this appeal.
1995 3 SCR 1056 The Judgment of the Court was delivered by HANSARIA, J. This appeal by special leave requires determination of the question as to whether the gift of the suit property by Padmanabha in favour of his sister was to the Tavazhi of the sister or was for the benefit of the sister alone.
On appeal, the High Court held that the plaintiff was entitled to one sixth share and remanded the case to the trial companyrt for fresh disposal after answering all the other issues in the suit.
Respondent No.
Let the broad terms of the gift deed be first numbered.
1 filed the suit at hand claiming one third share in the gifted property as a son of Kochukunhi, who had another son and a daughter.
