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2001 Supreme(Ker) 177

S.SANKARASUBBAN, A.LEKSHMIKUTTY
Nurul Huda – Appellant
Versus
Aboobacker – Respondent


Judgment :-

S. Sankarasubban, J.

This appeal is filed against the judgment in O.S. No. 12 of 1981 on the file of the Sub Court, Kavaratti. The appeal has come before us on a reference by his Lordship Justice T.L. Viswanata Iyer, by order dated 9th November, 1993. The case involves questions regarding mode of inheritance and division of properties - per capita or per stripes in the Lakshadweep Islands. The properties in this case belong to one Ahammed of Aynepura Tarwad. He and his two sisters were members of the tarwad called Aynepura Tarwad. Plaint B Schedule properties were acquired by Ahammed, According to the plaintiff, on behalf of the tarwad. The two sisters of Ahammed are Ayinamma and Anjumma. The case of the plaintiffs is that after the

death of Ahammed, the properties were divided by the sisters Ayinamma and Anjumma. The plaint B schedule properties were obtained by Anjumma, the predecessor in interest of the parties to the suit. Plaintiffs are descendants of Anjumma. Anjumma had four daughters, viz., - Mariyam, Huda, Aishomma and Asi. The plaintiffs are the Marumakkathayee descendants of Mariyam. The only Marumakkathayee descendants of Huda are her three sons and defendant





















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