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Puthiya Purayil Abdurahiman, … vs Thayath Kancheentavida Avoomma

Puthiya Purayil Abdurahiman, … vs Thayath Kancheentavida Avoomma

 | 1955

This case features a constitutional challenge to the an amendment to the Madras Shariat Act of 1949 (Ac 18) under Article 19 of the Constitution. The high court reviews and notes the central point of contention in the lower courts being a suit for the separate possession of disputed properties in a situation involving a reading of the rights of reversion under Marumakkathayam law. The court rules against the petitioner’s challenge that the amendment had the effect of completely contradicting customary Marumakkathayam Law. The verdict finds the disputed property to not include tarwad property and therefore subject to Muslim personal law.

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