Joseph, J.

The parties to this Appeal hail from the Kalpeni Island, which is a part of Lakshadweep, a group of Islands, which is a Union Territory since 1956. The question that has been referred to the Full Bench is whether, so far as the Velliyazhcha or Tarwad properties are concerned, a division should be per stripes or per capita.

2. Before we deal with the question of law, which has been referred to us, it is necessary to state the facts leading upto the Appeal. The first respondent laid a Suit for partition. There are 13 defendants. Plaint B schedule property is the Tarwad property of the parties. The plaintiff claimed that it is liable to be divided into three shares and each thavazhy is entitled to one share each. C Schedule property belongs to the plaintiff and the first defendant, and 13th defendant has no share in the C schedule property. The genealogical table of the parties projected in the Plaint is as follows:

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Yatheefabi (dead) Sister (dead)

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| Kunhibi (dead)

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| D13

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Kadeesommabi (dead) Beefathummabi

| D1

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Plaintiff D2

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