J U D G M E N T

These appeals are by the defendants 1 and 3 in a suit for declaration and partition.

2. The parties belong to one Shekkummada Tarwad of Andrott Island. A genealogical tree is given hereunder for an easy understanding of the relationship between the parties:- 3. The senior most member of the Thavazhi is, Shareefa. Plaintiff is the son of Beebi, a daughter of Shareefa. The first defendant is the son of Kunhibi, a son of Shareefa. Defendants 2 and 3 are the children of Attabi, another daughter of Shareefa. Shareefa had two other children Kunhikoya and Ummabi. They both died unmarried and issueless. The issue involved in the present appeal is confined to plaint 'C' schedule items 1 to 8 and hence the discussions are being confined to that. Ummabi executed Ext.B6 Will whereunder, the plaint 'C' schedule items 1 to 8 were bequeathed to defendants 1 to 3. The validity of Ext.B6 Will is under challenge. According to the plaintiff, the plaint 'C' schedule items 1 to 8 bequeathed under Ext.B6 Will are the self acquired properties-Thinkalazhcha properties of Ummabi; that Mohammedan law applies to the Thinkalazhcha properties and that unless it is held that the plaintiff has cons