Kumara Pillai, J.

1. This appeal arises out of a suit for partition. Parties are Mahomedans of Kozhikode, and the main question which arises for decision in the appeal is whether their rights in regard to the properties which are, sought to be partitioned are governed by the Mahomedan Personal Law (Shariat) or by the Marumakkathayam Law. Defendants 4 and 8 in the lower court are the appellants before us.

2. One Ahammed Koya Haji who died in 1934 and who was a member of a Mopla tarwad at Cannanore in North Malabar, following the Marumakkathayam Law of inheritance, had by his wife, Kalmabi, three sons, namely defendants 1 to 3, and four daughters whose names were Pathummabi, Kadeesabi, Ayissabi, and Mariyam Bi. Kalmabi died in 1905, even before her husband. All the four daughters are also now dead. Mariyam Bi died in 1914. She had two sons, one of whom is dead and the other is defendant 4. Ayissabi died in 1921 leaving two sons and one daughter, the sons being defendants 5 and 7 and the daughter defendant 6. Kadeesabi died in 1948 leaving no issue. The other daughter, Pathummabi