PATTAKKAL KUNHIKOYA D Vs. THOOPIKAL KOYA

JUDGEMENT

(1.) These appeals by the grant of special leave arising out of the judgments of Kerala High court focus enforcement of certain ancient customs prevalent in the Lakshadweep Territory. The dispute relates to certain properties which belonged to a tarwad called Kandangalam which became extinct on the death of its last member in the year 1958.

(2.) Before proceeding with the matter any further on the factual score, be it noted that the submissions of the parties were confined to three specific issues raised in the matters: (i) whether Pattakkal is a branch of Pandambeli tarwad; (ii) if so, can they claim properties of Kandangalam branch which stands extinct in 1958; and (iii) when a divided branch becomes extinct who could be the heirs to INHERit its property obtained from the common and parent tarwad.

(3.) The plaintiff-appellant herein, a member of the Pattakkal tarwad, instituted an action before the Tahsildar, being the authority to decide civil disputes in the Lakshadweep Islands claiming his entitlement to the properties of Kandangalam tarwad on the extinction of the said tarwad and prayed for recovery of possession. The plaintiff's definite assertion in the plaint is that the Pattakkal tarwad is an undivided branch of Pandambeli tarwad of which Kandangalam was another branch and as such on the extinction of the latter tarwad Pattakkal tarwad of which the plaintiff is a member is the sole surviving undivided unit of the original Pandambeli tarwad and is thus entitled to succeed to all the properties and the assets of Kandangalam by rights of reversion.