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 the rights of the brothers to be in possession of the property but upholding the reversionary right of Kadapurathaillam Tarwad.

4. Alleging that Mohammed permitted residence of his wife and children in the house situated in the property, the Tarwad filed a suit as OS 117/1933. The suit was