ANIYATH PUTHIYAPURAYIL KUNHI PATHUMMA Vs. PALLIKKACHILIL MAMALI
LAWS(KER)-1963-6-18
HIGH COURT OF KERALA
Decided on June 18,1963

Aniyath Puthiyapurayil Kunhi Pathumma Appellant
VERSUS
Pallikkachilil Mamali Respondents


Referred Judgements :-

ANTHERMAN VS. KANNAN [REFERRED TO]


JUDGEMENT

- (1.)A short question under the Mappilla Marumakkattayam Act (Madras Act 17 of 1939) arises for consideration in this second appeal.
(2.)Two Mappilla brothers belonging to a Mappilla Marumakkattayam tarwad executed a mortgage over their undivided share in the suit property, which is the tarwad house including the site of the buildings appurtenant thereto. The mortgagee filed a suit on the mortgage; and it was contended on behalf of the mortgagors that no decree should be passed against the undivided share of the mortgagors, especially in view of the fact that the property involved in the mortgage was the tarwad house. The Trial Court accepted this contention; but the lower appellate court rejected it. The question for consideration is whether the view of the lower appellate court is correct.
(3.)S.13 of the Act provides that any individual member of a tarwad may claim to take his or her share of the properties of the tarwad over which the tarwad has power of disposal and separate from the tarwad. S.14 provides further that two or more members belonging to the same tavazhi may claim to take their share, separate from the tarwad and enjoy the same jointly, with all the incidents of tarwad property. S.18 of the Act then enacts that succession to the property obtained by an individual member on partition shall be governed by the Islamic Law of inheritance. S.16 imposes some restrictions on the partition of the tarwad house.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.