Rajamannar, C.J.-The learned District Munsif of Cannanore has referred the: following question for decision by this Court:

“Whether the Madras Shariat (Amendment) Act (Act XVIII of 1949) is ultra vires of Article 19 Clause(1)(f) of the Constitution Act.”

The question was raised in a suit pending before the learned District Munsif brought by the widow of one deceased Abdulla Kalpha for partition and separate possession of certain properties, described in schedule A to the plaint. Abdulla Kalpha was a member of a Marumakkathayam tarwad. On 30th October, 1918, the members of the tarwad executed a karar in and by which the main tarwad was divided into three tavazhis. Abdulla Kalpha was a member of the third tavazhi and was one of the executants of the document. The said karar provided inter alia that in case one tavazhi became extinct, the properties allotted to the said tavazhi would lapse to the other tavazhis. Abdulla Kalpha was the sole surviving member of the third tavazhi. He died on 10th January, 1952. The main question in the case is whether on his death, the properties of the third tavazhi, which Abdulla Kalpha died possessed of, lapsed to the second tavazhi, the first tavazhi h

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