This Civil Revision Petition is against the order of the learned Subordinate Judge of Tellicherry, dismissing the application of the petitioner, a third party, filed try her to get herself impleaded in the suit on the ground that the rights of Mappilla Tarwads stand unaffected even after the passing of the Muslim Shariat Act and that no individual member would have any heritable right in the tarwad properties unless he himself volunteered to become a divided member during his lifetime.

Plaintiffs 1 to 5 in O.S. No. 35 of 1949 on the file of the Subordinate Judge’s Court Tellicherry, brought a suit for partition of Mappilla Tarwad property said to be governed by the Marumakkathayam law. The petitioner is the widow of a member of the tarwad, namely, Kuttiatha Musaliar, who had died sometime before the filing of the suit for partition. It is alleged that before the suit had been filed, he had expressed no intention to separate from the tarwad. This Kuttiatha Musaliar died in July, 1938, i.e., long prior to the coming into force of the Mappilla Marumakkathayam Act (Madras Act XVII of 1939). Before this Act was passed by the Madras Legislature, the Central Legislature had passe