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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
K.I.MOHAMMED – Appellant
Versus
SAINABI – Respondent
| Table of Content |
|---|
| 1. facts surrounding property ownership and the historical basis of the reversionary claim. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. legal arguments addressing the validity of res judicata. (Para 10 , 11) |
| 3. court's analysis of previous judgments affirming res judicata. (Para 12 , 13) |
JUDGMENT
Sathish Ninan, J.
The suit for prohibitory injunction against trespass was dismissed by the trial court. The plaintiff is in appeal.
2. The plaintiff is a member of the Kadapurathaillam, an ancient Tarwad of Kavaratti Island in Lakshadweep. The defendants are the members of Palamkakkada Thavazhi which is a Thavazhi of Kadapurathaillam Tarwad. The parties are followers of Marumakkathayam system. As per the custom, when a 'thavazhi' becomes extinct for absence of female members, the property of the 'thavazhi' reverts to the Tarwad. Such reversionary right is colloquially called as “Attalodukkam”.
3. One Mohammed and his elder brother Ahammed were the last surviving members of Palamkakkada Thavazhi. When Ahammed attempted to alienate the property, the Karanavan of the Kadapurathaillam thavazhi filed a suit as Civil No.50/1923 before the Court of Amin, Kavaratti. The suit was decreed recognizing
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