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2001 Supreme(Ker) 727

S.SANKARASUBBAN, A.LEKSHMIKUTTY
Muthukoya Thangal – Appellant
Versus
Sayed Muhammed Koya – Respondent


JUDGMENT

Sankarasubban, J.

1. This appeal is filed by the plaint iff in O. S. No. 7 of 1978 on the file of the Subordinate Judge's Court, Kavaratti. The suit was filed for partition. In the plaint, the plaintiff had prayed for partition and allotment of separate share to the plaintiff. Plaintiff had claimed 1/9 share over plaint A schedule properties, 1/6 share over plaint B schedule properties and mesne profits from 8th August 1974. The parties belong to Androth Island of Laccadives. The parties follow the Marumakkathayam Law. So far as this appeal is concerned, only two points arise for consideration. The first question for our consideration is whether partition should be per capita or per stripes. There is no dispute that the parties are governed by Marumakkathayam Law. It is also known that in that system, in effecting partition, there are two types of division division per stripes and division per capita. Before the court below, some documents were marked. But, the lower court was not convinced on the basis of the documents that partition should be per stirpes or per capita. It then discussed the evolution of the principles of partition in Marumakkathayam system and came to the






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