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2024 Supreme(Online)(KER) 7758

HIGH COURT OF KERALA
C. PRATHEEP KUMAR, J
PUTHILLAM RASHEED – Appellant
Versus
PUTHILLAM CHERIYAKOYA (DIED) LRS RECRODED – Respondent


Advocates:
P.B.KRISHNAN,P.M.NEELAKANDAN,SILVASTER ESMONT RAPHAEL,SABU GEORGE,P.B.SUBRAMANYA,SRI.K.J..MOHAMMED ANZAR,M.P.SREEKRISHNA,A.MUHAMMED MUSTHAFA,SREEHARITHA

JUDGEMENT

1. This Second Appeal has been preferred against the judgment and decree in A.S.No.3/2012 on the file of the District Court, Kavaratti, Lakshadweep, dismissing the above appeal and confirming the judgment and decree of the Munsiff's Court, Amini in O.S.No.8/1994. The plaintiffs and defendants are members of an ancient tharwad in Lakshadweep island by name Palalam, who were following customary marumakkathayam system. Under the above system, there are two types of properties namely the tharawad properties called 'velliazhcha properties' (Friday properties) and personal properties known by name 'Belazcha properties' (Thursday properties) or Thingalazcha properties (Monday properties). While the owners of the Thursday properties can alienate the same freely, the Friday properties cannot be alienated and the members of the tharwad can only take income from the said property. However, if all the members of the tharwad joins together and partition the Friday property by effecting a complete partition converting the Friday property into Thursday property, thereafter, it will have all the characteristics of Thursday property.

2. In the instant case, the members of Palalam tharawad e

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