Lord Simonds.-

In this appeal, which is brought from a judgment and order of the High Court of Judicature at Madras setting aside a judgment and order of the Court of the Subordinate Judge of Cochin, the appellant claims that he is entitled to proceed in execution against certain properties of the respondents under circumstances which must be somewhat fully set out.

[2] The respondents are Mappilla Mohammedans of Malbar in the Province of Madras and are governed by the Marumakkathayam law under which descent is traced in the female line. Their joint family like that of the local Hindus is known as a tarwad and the branches of the tarwad as tavazhi. Formerly the members of a tarwad had only a right of maintenance and could not enforce a partition of the family properties, but under the Mappilla Marumakkattayam Act, 1938 (Madras Act No. XVII [17] of 1939), they can obtain a share of the properties by partition or alternatively have the tarwad properties registered as impartible.

[3] The effect of the Act upon the property of a tavazhi is a question of difficulty upon which for reasons that will appear it is unnecessary for their Lordships to express any opinion.

[4] On 24th February 1930