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2024 Supreme(Online)(Ker) 84708

IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, J
Asathummada Koya – Appellant
Versus
Thaithottam Syedkoya – Respondent


Advocates:
For the Appellants/Petitioners: P.U Siyad
For the Respondents: Krishnakumar

Amit Rawal, J.

Present civil revision petition at the instance of the defendants is directed against the judgment and decree dated 20.6.2006 of Wakf Tribunal, Lakshadweep whereby the suit filed by the respondent- plaintiff bearing W.T.O.S No.1 of 2005 claiming declaration qua Muthawalliship of 'Njarakkal palli' which has been defined as a Waqf as per the notification issued by the Lakshadweep Government dated 25.8.1965, has been decreed.

2. The ancestral property of the Thaithottam family (Tharawad), as per the consensus and compromise dated 29.3.1931, was divided into three thavazhy ie., the branches namely (i) Thaithottam (ii) Thaithottam Chetta (iii) Asathummada. Aforementioned compromise decree was passed in the civil suits bearing number C.S Nos 162 and 197 of 1930. Clause 4 of the aforementioned compromise conferred the Muthawalliship of Njarakkal palli, situated in Amini island, with 'Thaithottam' thavazhy. Thaithottam Attakoya, till his demise on 13.7.1984, continued to discharge his duties of Muthawalliship. It is pertinent to mention here that during his life time, two civil suits bearing number C.S. Nos.145 and 171 of 1946 were filed by the other sects ie., Thaithottam Che

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