- (1.) Delay in filing application for substitution of deceased Respondent No. 9 is condoned. Applications for substitution of deceased Respondents Nos. 31 and 9 are allowed subject to all just exceptions.
(2.) This is an Defendants' appeal against a decree by which suit of the Plaintiffs for title and possession has been decreed. The aforesaid decree has been affirmed in first appeal by the High Court.
(3.) The case of the Plaintiffs in the suit filed is to the effect that they are the members of Kunnamgalam tavazhy which was a branch of Pooradam tharwad. According to the Plaintiffs one Pookoya Haji was the last surviving member of the Pooradam tavazhy and the Defendants are the wife and children of aforesaid Pookoya Haji. The Plaintiffs allege that as per custom prevailing in the Island, the properties belonging to the tharwad in the island are called Velliyazhicha properties (joint family properties) (hereinafter referred to as "the Friday properties") and Vyazhicha properties (self-acquired properties) (hereinafter referred to as "the Thursday properties"). The Friday properties belong to the tharwad and are to revert to the tharwad on the death of last surviving member of a branch. According to the Plaintiffs, contrary to the custom in vogue, Pookoya Haji had staked a claim to the Friday properties. The matter was resolved by a compromise deed dated 21st August, 1957 (Exhibit A-5) by which some of the Velliyazhicha (Friday) properties were agreed to be converted to Vyazhicha (Thursday) properties while the remaining were to remain as Velliyazhicha (Friday) properties. On the basis of the aforesaid compromise, an order was passed by the Tahsildar on 21st August, 1957 (exhibited as Exhibit A-6).;