ALABI KOYA Vs. MUSSA KOYA
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Shephard, J -
(1.) Now that we have had the document of 27 August 1897 translated, I think that the appellants being the tangals are clearly entitled to the money which represents the share assigned to the mosque by Mammad. By that document he gave the tangals power to collect his share of the estate of Kunhayan Koya. They would, I apprehend, have been entitled to demand from the Collector the whole of Mammad's share in the particular fund, and having collected it to keep a third for the mosque. In my opinion this is not a case to which the doctrine of must can be applied, assuming that the doctrine is in force in this Presidency. I would reverse the award and remand the case for disposal according to law. Goats will be abide the result. Benson, J.
(2.) In this case one Kunhayan is said to have held a kanom (usufructuary mortgage) over certain land for Rs. 100. On his death his rights as kanomdar are said to have passed to hits widow, his half-sister and his father's brother's son's son, Mammad, as sharers under Muhammadan Law, This Mammad assigned one-third of his share by a registered deed of gift to the seventh and eighth defendants in the suit. The land was taken up under the Land Acquisition Act, and the seventh and eighth defendants claimed a share of the compensation paid.
(3.) The Subordinate Judge disallowed their claim on the ground that the gift was invalid under Muhammadan Law, because the property given was not put into possession of the donees, and also because what was given was an undefined share and therefore invalid according to Muhammadan Law by reason of "musha" or confusion. The questions raised for our determination are-- (1) Whether the rules of Muhammadan Law are applicable to the case? and (2) If so, whether the gift is invalid according to that law?;
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