P.J.AMMA
Buhari Koya – Appellant
Versus
Kasim Koya Haji – Respondent
P. Janaki Amma, J.
1. Defendants 2 to 8 in a suit for declaration of title and recovery of possession are the appellants.
2. The parties to the suit belong to the Amini Island in the Lakshadweep. The people of the island generally follow Marumakkathayam Law. The properties in the island are classified under two heads: Belliazcha properties are the properties of the tarwad or tavazhi which are governed by Marumakkathayam law. The Belasha properties are the properties of undivided members on which they have got disposing power. These properties devolve on the personal heirs of the owner, according to Mohammedan Law. The thirty eight plaintiffs are members of the Asaroda tarwad. The Asaroda tarwad, according to them, consisted of five branches, Asaroda, Ranakkal, Bapachinellala, Beredem and Kaniyam. The Bapachinellala and Ranakkal branches are now extinct. The plaintiffs belong to the Asaroda branch. The 1st defendant in the suit, now deceased, was the sole surviving member of the Beredem branch. Defendants 2 to 8 are his wife and children. Under the customary law prevailing in the island, no branch tarwad or tavazhi is competent to alienate or otherwise dispose of the Belliazch
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