Allowed

Chodath Pathummabi, v. Chodath Koya

Kerala HC21 Jul 2022RFA/394/2005

Case brief

AI extract

What is this about?

The court upheld completed partitions of Lakshadweep Tarwad property and the last surviving thavazhi member's alienation. It dismissed the recovery suit as time-barred and granted a preliminary partition decree over the remaining properties among three thavazhi, excluding D schedule. All three appeals were allowed.

What did the court decide?

Recovery decree set aside; suit dismissed. Preliminary partition decree granted over remaining properties, excluding D schedule, with one-third to Cheriyabi thavazhi; final decree proceedings directed

Chodath Pathummabi, Vs Chodath Koya — Partition | Kerala HC (2022)

¶1

AS Nos.281/1998, 488/1998
and RFA 394/2005 1

¶2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3

PRESENT

¶4

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶5

THURSDAY, THE 21ST DAY OF JULY 2022 / 30TH ASHADHA, 1944
AS NO. 281 OF 1998

¶6

AGAINST THE JUDGMENT AND DECREE DATED 27/10/1997 IN OS 5/1997 OF
DISTRICT COURT, LAKSHADWEEP, KAVARATTI ISLAND

¶7

APPELLANTS/DEFENDANTS 1 TO 9,12,13 AND 53 TO 64:

¶8

1 KANJARAKKADA SHAIK KOYA,

¶9

S/O.CHODATH KOYAMMAKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶10

2 KANJARAKKADA ATTAKOYA, S/O.CHODATH KOYAMMAKOYA, ANDROTH ISLAND,

¶11

UNION TERRITORY OF LAKSHADWEEP.

¶12

3 KANJARAKKADA ABDUL JABBAR, S/O. CHODATH KOYAMMAKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶13

4 KANJARAKKADA AKBARKHAN, (WRONGLY SHOWN IN THE PLAINT AS KABIRKHAN), S/O.CHODATH KOYAMMAKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶14

*5 P.P.THITHICHAMMADAPURA MARIYOMMABI, D/O.MERIYAMMADA SAYEDMOHAMMED KOYA, AND 2ND W/O.CHODATH KOYAMMAKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶15

(IT IS RECORDED THAT 5TH APPELLANT DIED AND APPELLANTS
6 TO 9 AND 12 ALREADY THE PARTY ARRAY ARE THE LEGAL
REPRESENTATIVES OF THE DECEASED 5TH APPELLANT VIDE
ORDER DATED 01.08.2001 ON MEMO DATED 11.07.2001
C.F.NO.5868/2001.

¶16

*6 P.P.THITHICHAMMADAPURA POOKUNHIKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP. (DIED)

¶17

7 P.P.THITHICHAMMADAPURA PATHUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶18

8 P.P.THITHICHAMMADAPURA THAJUNNISABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶19

9 P.P.THITHICHAMMADAPURA KHAYARUNNISABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶20

*10 SEKKUMMADA SAFAIYABI, D/O.CHODATH POOKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP. (DIED).

¶21

AS Nos.281/1998, 488/1998
and RFA 394/2005 2

¶22

*11 SEKKUMMADA SYED KOYA, ANDROTH ISLAND,

¶23

UNION TERRITORY OF LAKSHADWEEP (DIED)

¶24

12 P.P.THITHICHAMMADAPURAM MOHAMMED HAKKIM (MINOR), BY GUARDIAN 5TH APPELLANT.

¶25

*13 NEELATHUPURA NALLAKOYA, S/O.SEKKUMMADA KOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED).

¶26

14 NEELATHUPURA KASMIKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶27

15 NEELATHUPURA FATHIMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶28

16 NEELATHUPURA THJUNNISABI, ANDROTH ISLAND,

¶29

UNION TERRITORY OF LAKSHADWEEP

¶30

17 NEELATHUPURA SAROMMABI, ANDROTH ISLAND,

¶31

UNION TERRITORY OF LAKSHADWEEP

¶32

18 NEELATHUPURA MOHAMMED RAFEEQ (MINOR, AGED 10), REPRESENTED BY BROTHER AND GUARDIAN

¶33

NEELATHUPURA NALLAKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶34

19 NEELATHUPURA MOHAMMED FAISAL, (MINOR, AGED 14) REPRESENTED BY BROTHER AND GUARDIAN, NEELATHUPURA NALLAKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶35

20 PALLIPURA SAROMMABI, W/O.SYED MOHAMMED KOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶36

21 PALLIPURA SHAIK KOYA, S/O.PALLIPURA SAROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶37

22 PALLIPURA HABUSABI, D/O.PALLIPURA SAROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶38

23 PALLIPURA RAHIL, S/O.PALLIPURA SAROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶39

ADDL.A24 SEKKUMMADA AYISSUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED)

¶40

(IT IS RECORDED THAT 24TH APPELLANT DIED AND APPELLANTS
25 AND 26 ALREADY IN THE PARTY ARRAY ARE HER LEGAL
HEIRS VIDE ORDER DATED 08.06.2015 IN MEMO DATED
02.01.2015 C.F.NO.612 OF 2015).

¶41

ADDL.A25 SEKKUMMADA PATHUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶42

ADDL.A26SEKKUMMADA MOHAMMED HUSSAIN,
ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶43

AS Nos.281/1998, 488/1998
and RFA 394/2005 3

¶44

(THE LEGAL HEIRS OF THE DECEASED 10TH APPELLANT ARE
IMPLEADED AS SUPPLEMENTAL APPELLANTS 24 TO 26- VIDE
ORDER DATED 03.03.2006 ON CMP NO.4460 OF 2001).

¶45

ADDL.A27 NEELATHUPURA KADEEJOMMABI,

¶46

ANDROTH ISLAND UNION TERRITORY OF LAKSHADWEEP.

¶47

ADDL.A28 SYED MOHAMMED ABDUL HASSAN, ANDROTH ISLAND UNION TERRITORY OF LAKSHADWEEP.

¶48

ADDL.A29 RAHMATH BEEVI, ANDROTH ISLAND UNION TERRITORY OF LAKSHADWEEP.

¶49

ADDL.A30 SAFOORA BEEVI, ANDROTH ISLAND UNION TERRITORY OF LAKSHADWEEP.

¶50

ADDL.A31 RUKHIYA BEEVI, ANDROTH ISLAND UNION TERRITORY OF LAKSHADWEEP.

¶51

(THE LEGAL HEIRS OF THE DECEASED 11TH APPELLANT ARE
IMPLEADED AS SUPPLEMENTAL APPELLANTS 27 TO 31 VIDE
ORDER ORDER DATED 03.03.2006 ON I.A.NO.721 OF 2006).

¶52

ADDL.A32 FATHIMATH SUHARA,

¶53

W/O.P.P.THICHAMMADAPURA POOKKUNHIKOYA,

¶54

RAHMATH VILLA, EDACHERY, ANDROTH ISLAND, U.T.I. OF LAKSHADWEEP- 682551.

¶55

ADDL.A33 MUHAMMED SIYAD KHAN,

¶56

S/O.P.P.THICHAMMADAPURA POOKKUNHIKOYA, RAHMATH VILLA, EDACHERY, ANDROTH ISLAND, U.T.I. OF LAKSHADWEEP- 682551.

¶57

ADDL.A34 MUHAMMED SALAHUDEEN, S/O.P.P.THICHAMMADAPURA POOKKUNHIKOYA,

¶58

RAHMATH VILLA, EDACHERY, ANDROTH ISLAND, U.T.I. OF LAKSHADWEEP- 682551.

¶59

ADDL.A35 NAZILA BEEGUM, D/O.P.P.THICHAMMADAPURA POOKKUNHIKOYA, RAHMATH VILLA, EDACHERY, ANDROTH ISLAND, U.T.I. OF LAKSHADWEEP- 682551.

¶60

ADDL.A36 SARIATHUL BUSHRA, D/O.P.P.THICHAMMADAPURA POOKKUNHIKOYA, RAHMATH VILLA, EDACHERY, ANDROTH ISLAND, U.T.I. OF LAKSHADWEEP- 682551.

¶61

ADDL.A37 MUHAMMED SHIHABUDEEN, S/O.P.P.THICHAMMADAPURA POOKKUNHIKOYA, RAHMATH VILLA, EDACHERY, ANDROTH ISLAND, U.T.I. OF LAKSHADWEEP- 682551.

¶62

ADDL.A38. SAMEER ALI, S/O.P.P.THICHAMMADAPURA POOKKUNHIKOYA, RAHMATH VILLA, EDACHERY, ANDROTH ISLAND, U.T.I. OF LAKSHADWEEP- 682551.

¶63

ADDL.A39 MUHAMMED MAZOOD, S/O.P.P.THICHAMMADAPURA POOKKUNHIKOYA, RAHMATH VILLA, EDACHERY, ANDROTH ISLAND, U.T.I. OF LAKSHADWEEP- 682551.

¶64

AS Nos.281/1998, 488/1998
and RFA 394/2005 4

¶65

(LEGAL HEIRS OF DECEASED 6TH APPELLANT ARE IMPLEADED AS
ADDITIONAL APPELLANTS 32 TO 39 VIDE ORDER DATED
16.11.2015 IN I.A.NO.2273 OF 2015).
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.G.RAJAGOPALAN
SMT.T.RESMI DAMODARAN

¶66

RESPONDENTS/PLAINTIFFS 1 TO 3 AND 5 TO 29 AND DEFENDANTS 10,11,14 TO 53 AND 65 TO 74:

¶67

1 CHODATH ATTABI,

¶68

D/O.BEEBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶69

*2 CHODATH KOYA, S/O.ATTABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.(DIED)

¶70

3 CHODATH SUHARABI,D/O. ATTABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶71

*4 CHODATH POOKOYA,S/O.ATTABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP. (DIED)

¶72

5 CHODATH BAMBATHIBI,D/O.ATTABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶73

6 CHODATH KHADEEJOMMABI, D/O. ATTABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶74

7 CHODATH HABUSABI, D/O. ATTABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶75

8 CHODATH HAJEROMMABI, D/O.ATTABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶76

9 CHODATH KUNHIBI, D/O.SUHARABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶77

10 CHODATH NAZER, S/O.AYSHOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶78

11 CHODATH JALALUDHEEN, S/O.AYSHOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶79

12 CHODATH SHAMSHAD BEEGUM (MINOR, AGED 17), REPRESENTED BY MOTHER AND NEXT FRIEND, BAMBATHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶80

13 CHODATH MOHAMMED ABDULRAHIMAN, (MINOR, AGED 15), REPRESENTED BY MOTHER AND NEXT FRIEND, BAMBATHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶81

14 CHODATH MOHAMMED BURHANUDHEEN (MINOR, AGED 13), REPRESENTED BY MOTHER AND NEXT FRIEND, BAMBATHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶82

15 CHODATH JUVARIYATH BEEGUM (MINOR, AGED 7), REPRESENTED BY MOTHER AND NEXT FRIEND, BAMBATHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶83

AS Nos.281/1998, 488/1998
and RFA 394/2005 5

¶84

16 CHODATH MOHAMMED RAHIMUDHEEN (MINOR, AGED 5), REPRESENTED BY MOTHER AND NEXT FRIEND, BAMBATHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶85

17 CHODATH MOHAMMED SAIFUDHEEN (MINOR, AGED 3), REPRESENTED BY MOTHER AND NEXT FRIEND, BAMBATHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶86

18 CHODATH BUSHARABI, D/O. KADHEESOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶87

19 CHODATH BEEBI, (MINOR, AGED 16), REPRESENTED BY MOTHER AND NEXT FRIEND KADHEESOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶88

20 CHODATH MOHAMMED FATHAHULLA, (MINOR, AGED13), REPRESENTED BY MOTHER AND NEXT FRIEND KADHEESOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶89

21 CHODATH BASHEERABI, (MINOR, AGED 10), REPRESENTED BY MOTHER AND NEXT FRIEND KADHEESOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶90

22 CHODATH MOHAMMED SIYAVUDHEEN, (MINOR, AGED 7), REPRESENTED BY MOTHER AND NEXT FRIEND KADHEESOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶91

23 CHODATH MOHAMMED ABDUL HAKKIM, (MINOR, AGED 4), REPRESENTED BY MOTHER AND NEXT FRIEND KADHEESOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶92

24 CHODATH SYEDABI (MINOR, AGED 2), REPRESENTED BY MOTHER AND NEXT FRIEND KADHEESOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶93

25 CHODATH AMEERABI (MINOR, AGED 9), REPRESENTED BY MOTHER AND NEXT FRIEND HAUSABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶94

26 CHODATH RAHANATH (MINOR, AGED 7), REPRESENTED BY MOTHER AND NEXT FRIEND HAUSABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶95

27 CHODATH MUJEEBRAHMAN (MINOR, AGED 3), REPRESENTED BY MOTHER AND NEXT FRIEND HAUSABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶96

28 CHODATH ABDUL SHUKOOR (MINOR, AGED 1), REPRESENTED BY MOTHER AND NEXT FRIEND HAJEROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶97

*29 SEKKUMMADA SYED MOHAMMEDKOYA, S/O.CHODATH POOKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED)

¶98

(APPELLANTS 20 TO 23 ARE RECORDED AS THE LEGAL
REPRESENTATIVES OF THE DECEASED R29 IN THE APPEAL-VIDE
ORDER DATED 03.03.2006 ON MEMO DATED 27.02.2006
C.F.NO.1000 OF 2006).

¶99

AS Nos.281/1998, 488/1998
and RFA 394/2005 6

¶100

*30 SEKKUMMADA KOYA, S/O.CHODATH POOKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED)

¶101

(APPELLANTS 13 TO 19 ARE RECORDED AS THE LEGAL
REPRESENTATIVES OF THE DECEASED 30TH RESPONDENT-VIDE
ORDER DATED 03.03.2006 ON MEMO DATED 27.02.2006
C.F.NO.100 OF 2006).

¶102

31 CHODATH SYEDMOHAMMEDKOYA THANGAL, S/O.CHODATH SOUDHABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED).

¶103

32 CHODATH NALLAKOYA, S/O.CHODATH SOUDHABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶104

*33 CHODATH RAHMABI,D/O.CHODATH SOUDHABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED)

¶105

34 CHODATH SABIRA BEEGAM, D/O.CHODATH RAHMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED).

¶106

35 CHODATH MOHAMMED RAFI (MINOR), AGED 16 YEARS, REPRESENTED BY GUARDIAN AND MOTHER CHODATH RAHMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶107

36 CHODATH KHAMARBAN (MINOR), AGED 13 YEARS REPRESENTED BY GUARDIAN AND MOTHER CHODATH RAHMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶108

37 CHODATH RAMLATHBI (MINOR),AGED 10 YEARS, REPRESENTED BY GUARDIAN AND MOTHER CHODATH RAHMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶109

38 CHODATH KOYAMMAKOYA, S/O.CHODATH BEEVI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED).

¶110

39 CHODATH SHAIK KOYA, S/O.CHODATH KUNHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶111

40 CHODATH PATHUMMABI, D/O.CHODATH KUNHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED)

¶112

41 CHODATH CHERIYAKOYA, S/O.CHODATH KUNHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶113

42 CHODATH POOKUNHIKOYA, S/O.CHODATH SAROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶114

43 CHODATH SAROMMABI, D/O.CHODATH PATHUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶115

44 CHODATH MARIYOMMABI, D/O.CHODATH PATHUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶116

45 CHODATH MUTHUBI, D/O.CHODATH PATHUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶117

46 CHODATH THAJUNNISABI (MINOR), AGED 15 YEARS REPRESENTED BY GUARDIAN AND MOTHER CHODATH PATHUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED).

¶118

47 CHODATH REFEEQ, (MINOR), REPRESENTED BY GUARDIAN AND MOTHER CHODATH PATHUMMABI,

¶119

AS Nos.281/1998, 488/1998
and RFA 394/2005 7

¶120

ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶121

48 CHODATH CHERUKULATH KAVUNJI,

¶122

D/O.SHAKKINABI, KANNUR AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT (DIED).

¶123

49 CHODATH MAJEED, S/O.SHAKKINABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED).

¶124

50 CHODATH RAMLATH, D/O.SHAKKINABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED)

¶125

(IT IS RECORDED THAT THE 50TH RESPONDENT (RAMLATH)
EXPIRED AND HER LEGAL HEIRS ARE ALREADY IN THE PARTY
ARRAY AS RESPONDENTS 71 TO 74 VIDE ORDER DATED
06.12.2018 IN MEMO DATED 28.11.2018).

¶126

51 CHODATH HAVULATH, D/O.SHAKKINABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶127

52 CHODATH CHERUKULATH MAMU, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP(DIED)

¶128

53 CHODATH HAJEROMMABI, D/O.CHODATH UMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶129

54-DO- SAFIYABI, D/O.CHODATH UMMABI,
ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP(DIED)

¶130

(IT IS RECORDED THAT 54TH RESPONDENT DIED AND THE
RESPONDENTS 60, 61 AND 64 ALREADY IN THE PARTY ARRAY ARE
HER LEGAL HEIRS VIDE ORDER DATED 16.11.2015 IN MEMO
DATED 18.07.2014 C.F.NO.4031 OF 2014).

¶131

55 CHODATH PATHUMMABI,

¶132

D/O.CHODATH UMMABI,ANDROTH ISLAND,

¶133

UNION TERRITORY OF LAKSHADWEEP

¶134

56 CHODATH SHAIK KOYA, S/O.CHODATH UMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶135

57 CHODATH KOYA, S/O.CHODATH UMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶136

58 CHODATH MOHAMMED RAFEEQ, S/O. CHODATH UMMABI, ANDROTH ISLAND,

¶137

UNION TERRITORY OF LAKSHADWEEP

¶138

59 CHODATH KUNHIBI, D/O. CHODATH HAJEROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶139

60 CHODATH SUHARABI,

¶140

D/O.CHODATH SAFIYABI, ANDROTH ISLAND,

¶141

UNION TERRITORY OF LAKSHADWEEP

¶142

*61 CHODATH SAROMMABI, D/O.CHODATH SAFIYABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED).

¶143

62 CHODATH KHAMARUNHISABI (MINOR), REPRESENTED BY GUARDIAN AND MOTHER CHODATH PATHUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶144

AS Nos.281/1998, 488/1998
and RFA 394/2005 8

¶145

63 CHODATH ATTAKOYA (MINOR, AGED 15), REPRESENTED BY GUARDIAN AND MOTHER CHODATH PATHUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶146

64 CHODATH MOHAMMED ABOOSALIH (MINOR, AGED 14), REPRESENTED BY GUARDIAN AND MOTHER CHODATH SAFIYABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶147

65 CHODATH HAMEEDATH (MINOR, AGED 3), REPRESENTED BY GUARDIN AND MOTHER CHODATH HAJEROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶148

66 CHODATH ABDUL KHADER JAILANI (MINOR, 66), REPRESENTED BY GUARDIAN AND MOTHER CHODATH SUHARABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶149

67 CHODATH IRSHAD BEEGUM (MINOR), AGED 10), REPRESENTED BY GUARDIAN AND MOTHER CHODATH SUHARABI, ANDROTH ISLAND,

¶150

UNION TERRITORY OF LAKSHADWEEP

¶151

68 CHODATH AYSHOMMABI (MINOR, AGED 9), REPRESENTED BY GUARDIAN AND MOTHER CHODATH SAROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶152

69 CHODATH RAMEEDHA BEEGUM (MINOR, AGED 3), REPRESENTED BY GUARDIAN AND MOTHER CHODATH SAROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶153

70 P.P.THITHICHAMMADAPURA MOHAMMED HAKEEM, (MINOR, AGED 16), REPRESENTED BY GUARDIAN AND MOTHER

¶154

P.P.THITHICHAMMADAPURA MARIYOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP(STRUCK OFF)

¶155

(THE NAME OF 70TH RESPONDENT IS STRUCK OFF FROM THE
PARTY ARRAY VIDE ORDER DATED 07.11.2017 IN MEMO DATED
19.11.2011 C.F.NO.6068 OF 2011).

¶156

71 C.K.RAMTHAZ (MINOR, AGED 16), REPRESENTED BY GUARDIAN AND MOTHER RAMLATH, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶157

72 C.K.RAEZ, (MINOR, AGED 14), REPRESENTED BY GUARDIAN AND MOTHER RAMLATH, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶158

73 C.K.RAFEENATH (MINOR, AGED 12), REPRESENTED BY GUARDIAN AND MOTHER RAMLATH, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶159

74 C.K.RASHEED (MINOR, AGED 7), REPRESENTED BY GUARDIAN AND MOTHER RAMLATH, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶160

75 C.K.HAMLATH (MINOR, AGED 13), REPRESENTED BY GUARDIAN AND MOTHER KHOULATH, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶161

76 C.K.ASLAM, (MINOR, AGED 7), REPRESENTED BY GUARDIAN AND MOTHER KHOULATH, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶162

AS Nos.281/1998, 488/1998
and RFA 394/2005 9

¶163

77 C.K.MUNEERA, D/O.SAKHEENABI,ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶164

78 C.K.MUNEESA (MINOR, AGED 12), REPRESENTED BY GUARDIAN AND MOTHER MUNEERA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶165

79 C.K.ASTHAKAR (MINOR, AGED 10), REPRESENTED BY GUARDIAN AND MOTHER MUNEERA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶166

80 C.K.ASURA, (MINOR, AGED 8), REPRESENTED BY GUARDIAN AND MOTHER MUNEERA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP

¶167

SUPPLEMENTAL RESPONDENT 81 TO 84 IMPLEADED

¶168

ADDL.R81 ARATHPURA POOKOYA, ANDROTH ISLAND.

¶169

ADDL.R82 ARATHPURA RAHMABI,ANDROTH ISLAND.

¶170

ADDL.R83 ARATHPURA PATHUMMABI,ANDROTH ISLAND.

¶171

ADDL.R84 ARATHPURA BADARUDDIN, ANDROTH ISLAND.

¶172

(THE LEGAL REPRESENTATIVES OF THE DECEASED 38TH
RESPONDENT ARE IMPLEADED AS SUPPLEMENTAL RESPONDENTS 81
TO 84-VIDE ORDER DATED 08.06.2001 C.M.P.NO.3530 OF
2000).

¶173

ADDL.R85 MUHAMMED RASHID MOOTHARAMMEL, AGED 21, SON OF NEELATHUPURA NALLAKOYA, RESIDING IN NEELATHUPURA HOUSE, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶174

ADDL.R86 NOUSIBHA MOOTHARAMMEL, AGED 19, SON OF NEELATHUPURA NALLAKOYA, RESIDING IN NEELATHUPURA HOUSE, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶175

ADDL.R87NAZARATH MOOTHARAMMEL,
AGED 18,SON OF NEELATHUPURA NALLAKOYA,
RESIDING IN NEELATHUPURA HOUSE,
ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.

¶176

ADDL.R88NAJIYA MOOTHARAMMEL,
AGED 15, DAUGHTER OF NEELATHUPURA NALLAKOYA, (MINOR),
RESIDING IN NEELATHUPURA HOUSE,
ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP,
REPRESENTED BY HER GUARDIAN MOHAMMED RASHID (1ST
RESPONDENT).

¶177

ADDL.R89MUHAMMED RASEEK MOOTHARAMMEL,
AGED 11, SON OF NEELATHUPURA NALLAKOYA,
(MINOR), RESIDING IN NEELATHUPURA HOUSE,
ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP,
REPRESENTED BY HIS GUARDIAN MOHAMMED RASHID (1ST
RESPONDENT)

¶178

(THE ABOVE LEGAL HEIRS OF THE DECEASED 13TH APPELLANT
ARE IMPLEADED AS ADDITIONAL RESPONDENTS 85 TO 89 AS PER

¶179

AS Nos.281/1998, 488/1998
and RFA 394/2005 10

¶180

ORDER DATED 17.11.2012 IN I.A.NO.2418 OF 2012)

¶181

(THE R85 IS APPOINTED AS THE GUARDIAN OF MINOR
RESPONDENTS 88 AND 89 WITHOUT PREJUDICE TO ANY OBJECTION
FROM THE PROPOSED GUARDIAN AS PER ORDER DATED 17.11.2012
IN I.A.NO.2419 OF 2012).

¶182

ADDITIONAL RESPONDENTS 90 TO 94 IMPLEADED

¶183

ADDL.R90 DARUL KAMAR, S/O.CHERUKULATH KAVUNJI, PURATHIL HOUSE, KANNUR- 670594.

¶184

ADDL.R91 MUBASHEER, S/O.CHERUKULATH KAVUNJI, NASREENA MANZIL, KANNUR- 670594.

¶185

ADDL.R92 AZHAR, NASREENA MANZIL, KANNUR- 670594.

¶186

ADDL.R93 MADHANI, NASREENA MANZIL, KANNUR- 670594.

¶187

ADDL.R94 NASREEN, D/O. OF CHERUKULATH KAVUNJI, NASREENA MANZIL, KANNUR- 670594.

¶188

(LEGAL HEIRS OF DECEASED R48 ARE IMPLEADED AS ADDITIONAL
RESPONDENTS R90 TO R94 VIDE ORDER DATED 21.12.2018 IN
I.A.NO.3618 OF 2011).

¶189

*ADDITIONAL RESPONDENTS 95 TO 98 IMPLEADED

¶190

ADDL.R95 KAIRUNNEESA A.P., AGED 50,

¶191

D/O.ASSAINAR, RESIDING IN ASNAPATTU PAZHAPURAYIL, VALAPATTANAM, KANNUR DISTRICT, PIN- 670010.

¶192

ADDL.R96 AHAMMED MINOF A.P., AGED 31 YEARS S/O.MAJEED, RESIDING IN ASNAPATTU PAZHAPURAYIL, VALAPATTANAM, KANNUR DISTRICT, PIN- 670010

¶193

ADDL.R97 LUBINA A.P., AGED 28 YEARS D/O.MAJEED, RESIDING IN ASNAPATTU PAZHAPURAYIL, VALAPATTANAM, KANNUR DISTRICT, PIN- 670010

¶194

ADDL.R98 LULU MARJANA, AGED 21 YEARS D/O.MAJEED, RESIDING IN ASNAPATTU PAZHAPURAYIL, VALAPATTANAM, KANNUR DISTRICT, PIN- 670010

¶195

(LEGAL HEIRS OF DECEASED R49 ARE IMPLEADED AS ADDITIONAL
RESPONDENTS R95 TO R98 VIDE ORDER DATED 21.12.2018 IN
I.A.NO.2057 OF 2013).

¶196

ADDITIONAL RESPONDENTS R99 TO R103 IMPLEADED

¶197

ADDL.R99 PUTHIYAVEETTU RAHMATH, AGED 65 YEARS W/O.LATE CHODATH POOKKOYA, ANDHROTH ISLAND, CHEMMACHERI, LAKSHADWEEP- 682551.

¶198

ADDL.R100 PUTHIYAVEETTU THAJUNNEESABI, AGED 48 YEARS D/O.LATE CHODATH POOKKOYA, ANDHROTH ISLAND, CHEMMACHERI, LAKSHADWEEP- 682551.

¶199

ADDL.R101 PUTHIYAVEETTU SAFIYABI, AGED 47 YEARS D/O.LATE CHODATH POOKKOYA, ANDHROTH ISLAND, CHEMMACHERI, LAKSHADWEEP- 682551.

¶200

ADDL.R102 SHAMSUDHEEN PUTHIYAVEETTU,AGED 45 YEARS

¶201

AS Nos.281/1998, 488/1998
and RFA 394/2005 11

¶202

S/O.LATE CHODATH POOKKOYA, ANDHROTH ISLAND,

¶203

CHEMMACHERI, LAKSHADWEEP- 682551.

¶204

ADDL.R103PUTHIYAVEETTU UBAIDULLA,AGED 27 YEARS
S/O.LATE CHODATH POOKKOYA,
ANDHROTH ISLAND, CHEMMACHERI,
LAKSHADWEEP- 682551.

¶205

(LEGAL HEIRS OF DECEASED R4 ARE IMPLEADED AS ADDITIONAL
RESPONDENT R99 TO R103 VIDE ORDER DATED 21.12.2018 IN
I.A.NO.114 OF 2016).

¶206

ADDL.R104MUHAMMED NAVAS,S/O.THEJUNEESABI,
CHODATH HOUSE, ANDROTH ISLAND,
LAKSHADWEEP- 682551.

¶207

ADDL.R105NAZEEK, D/O.THEJUNEESABI, CHODATH HOUSE,
ANDROTH ISLAND, LAKSHADWEEP- 682551.

¶208

(LEGAL HEIRS OF DECEASED R46 ARE IMPLEADED AS ADDITIONAL
RESPONDENTS R104 AND R105 VIDE ORDER DATED 06.12.2018 IN
I.A.NO.683 OF 2017).

¶209

ADDL.R106CHODOTH RAJEENA BEEGUM,
D/O.CHODOTH SAROMMABI, ANDROTH ISLAND, KEECHERI,
UNION TERRITORY OF LAKSHWADEEP.

¶210

(RESPONDENTS 68 AND 69 ARE RECORDED AND ADDITIONAL
RESPONDENT 106 IS IMPLEADED AS THE LEGAL HEIR OF
DECEASED R61. VIDE ORDER DATED 06.12.2018 IN I.A.NO.2016
OF 2017).

¶211

ADDL.R107K.T.ASSIZ, S/O.CHODOTH CHERUKULATH MAMU,
PURATHOL HOUSE, PARAVOOR L.P.SCHOOL, P.O.,
KANHIROAD, VIA KOODALI,
KANNUR DISTRICT- 670592.

¶212

ADDL.R108K.T.KUNNIBI, D/O.CHODOTH CHERUKULATH MAMU,
PURATHOL HOUSE, PARAVOOR L.P.SCHOOL, P.O.,
KANHIROAD, VIA KOODALI,
KANNUR DISTRICT- 670592.

¶213

ADDL.R109K.T.ABDUL NAZAR, S/O.CHODOTH CHERUKULATH MAMU,
PURATHOL HOUSE, PARAVOOR L.P.SCHOOL, P.O.,
KANHIROAD, VIA KOODALI,
KANNUR DISTRICT- 670592.

¶214

(LEGAL HEIRS OF DECEASED R52 ARE IMPLEADED AS ADDITIONAL
RESPONDENTS 107 TO R109 VIDE ORDER DATED 06.12.2018 IN
I.A.NO.2035 OF 2017).

¶215

ADDL.R110BEEVI, W/O.CHODOTH KOYA, POOVALAPPU HOUSE,
EDACHERY, ANDROTH ISLAND 682551 (DIED)

¶216

ADDL.R.111HAJEROMMABI, D/O.CHODOTH KOYA,
POOVALAPPU HOUSE, EDACHERY,
ANDROTH ISLAND 682551
ADDL.R.112MUHAMMED RASHEED, S/O.CHODOTH KOYA,
POOVALAPPU HOUSE, EDACHERY,
ANDROTH ISLAND 682551
ADDL.R113MUHAMMED KASIM, S/O.CHODOTH KOYA,

¶217

AS Nos.281/1998, 488/1998
and RFA 394/2005 12

¶218

POOVALAPPU HOUSE, EDACHERY,
ANDROTH ISLAND 682551
ADDL.R114FATAHUDDEEN, S/O.CHODOTH KOYA,
POOVALAPPU HOUSE, EDACHERY,
ANDROTH ISLAND 682551

¶219

ADDL.R115MUHAMMED MUSTHAFA, S/O.CHODOTH KOYA,

¶220

POOVALAPPU HOUSE, EDACHERY,
ANDROTH ISLAND 682551

¶221

ADDL.R116MUHAMMED FALAL, S/O.CHODOTH KOYA,
POOVALAPPU HOUSE, EDACHERY,
ANDROTH ISLAND 682551
ADDL.R117BEEBI KADEEJA, D/O.CHODOTH KOYA,
POOVALAPPU HOUSE, EDACHERY,
ANDROTH ISLAND 682551
ADDL.R118SAJIDA JOWHAR, D/O.CHODOTH KOYA,
POOVALAPPU HOUSE, EDACHERY,
ANDROTH ISLAND 682551

¶222

ADDITIONAL RESPONDENTS 110 TO 118 ARE IMPLEADED AS THE
LEGAL HEIRS OF DECEASED R2 VIDE ORDER DATED 04/07/2022
IN IA 2/2021

¶223

*IT IS RECORDED THAT THE 110TH RESPONDENT DIED AND HER
LEGAL HEIRS ARE IN THE PARTY ARRAY AS ADDL.R111 TO R118
VIDE ORDER DATED 04/07/2022 IN MEMO DATE 08/11/2021.
ADDL.R119 MURATHALLA, S/O.RAHMABI, CHODATH HOUSE, KEECHERI,
ANDROTH ISLAND -682551
ADDL.R120JANNATH CHODATH, D/O.RAHMABI, CHODATH HOUSE, KEECHERI,
ANDROTH ISLAND -682551

¶224

ADDITIONAL R119 & 120 ARE IMPLEADED AND R34, R35, R36 &
R37 ARE RECORDED AS THE LEGAL HEIRS OF DECEASED R33 VIDE
ORDER DATED 04/07/2022 IN IA 1/2021.

¶225

ADDL. R121UMMATHA BIYYAPURA PATHUMMABI,
AGED 76 YEARS W/O.CHODOTH SHAIK KOYA,
MECHERI, ANDROTH ISLAND LAKSHAWEEP -682551.
ADDL. R122UMMATHA BIYYAPURA RAMLATH,
AGED 40 YEARS ,D/O.CHODOTH SHAIK KOYA,
MECHERI, ANDROTH ISLAND LAKSHAWEEP -682551.
ADDL.R123CHEKKUMMADA MUHAMMED FAROOQ,
AGED 50 YEARS, S/O.CHODOTH SHAIK KOYA,
MECHERI, ANDROTH ISLAND LAKSHAWEEP -682551.

¶226

ADDL.R124CHEKKUMMADA MUHAMMED HASSAN
AGED 50 YEARS, S/O.CHODOTH SHAIK KOYA,
MECHERI, ANDROTH ISLAND LAKSHAWEEP -682551.

¶227

ADDL.R125CHEKKUMMADA SAINUL ABID,
AGED 44 YEARS, S/O.CHODOTH SHAIK KOYA,
MECHERI, ANDROTH ISLAND LAKSHAWEEP -682551.

¶228

ADDL.R126ADDL. CHEKKUMMADA NOORUL AMEEN,
AGED 40 YEARS, S/O.CHODOTH SHAIK KOYA,
MECHERI, ANDROTH ISLAND LAKSHAWEEP -682551.

¶229

AS Nos.281/1998, 488/1998
and RFA 394/2005 13

¶230

ADDL.R127CHEKKUMMADA MUTHUBI,
AGED 47 YEARS ,S/O.CHODOTH SHAIK KOYA,
MECHERI, ANDROTH ISLAND LAKSHAWEEP -682551.

¶231

ADDITIONAL RESPONDENTS 121 TO 127 ARE IMPLEDED AS THE
LEGAL HEIRS OF DECEASED R39 VIDE ORDER DATED 04/07/2022
IN IA 3/2021.

¶232

BY ADVS.
SRI.BINDU SREEKUMAR
SRI.M.V.AMARESAN
SRI.M.KRISHNAKUMAR
SMT.PRABHA R.MENON
SRI.V.N.RAMESAN NAMBISAN
SRI.SAJAN VARGHEESE K.

¶233

THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON
21.07.2022, ALONG WITH AS.488/1998, 394/2005, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

¶234

AS Nos.281/1998, 488/1998
and RFA 394/2005 14

¶235

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶236

PRESENT

¶237

THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 21^ST DAY OF JULY 2022 / 30TH ASHADHA, 1944

¶238

AS NO. 488 OF 1998

¶239

AGAINST THE JUDGMENT AND DECREE DATED 27/10/1997 OS 5/1997 OF DISTRICT COURT, LAKSHADWEEP

¶240

APPELLANTS/DEFENDANTS 36 TO 52 IN THE SUIT:

¶241

1 CHODATH HAJEROMMABI, AGED 62 YEARS, D/O. CHODATH UMMABI, ANDROTH ISLAND, LAKSHADWEEP.

¶242

2 CHODATH SAFIYABI, AGED 60 YEARS D/O. CHODATH UMMABI, ANDROTH ISLAND, LAKSHADWEEP.

¶243

3 CHODATH PATHUMMABI, AGED 57 YEARS D/O. CHODATH UMMABI, ANDROTH ISLAND, LAKSHADWEEP.

¶244

4 CHODATH SHAIK KOYA, AGED 37 YEARS S/O. PATHUMABI, ANDROTH ISLAND, LAKSHADWEEP.

¶245

5 CHODATH KOYA, AGED 35 YEARS S/O. PATHUMABI, ANDROTH ISLAND, LAKSHADWEEP.

¶246

6 CHODATH MOHAMMED RAFEEQ, AGED 31 YEARS

¶247

S/O. PATHUMABI, ANDROTH ISLAND, LAKSHADWEEP.

¶248

7 CHODATH KUNHIBI, AGED 44 YEARS D/O CHODATH HAJEROMMABI,

¶249

8 CHODATH SUHARABI AGED 43 YEARS

¶250

D/O CHODATH SAFIYABI

¶251

*9 CHODATH SAROMMABI AGED 40 YEARS

¶252

D/O CHODATH SAFIYABI (DIED)

¶253

10 CHODATH KHAMARUNNISABI AGED 27 YEARS

¶254

D/O. CHODATH PATHUMABI, ANDROTH ISLAND.

¶255

11 CHODATH ATTAKOYA AGED 25 YEARS

¶256

D/O CHODATH SAFIYABI

¶257

12 CHODATH MOHAMMED ABOOSALIH AGED 24 YEARS

¶258

S/O. CHODATH SAFIYABI, ANDROTH ISLAND.

¶259

13 CHODATH HAMEEDATH AGED 15 YEARS (MINOR) D/O. CHODATH KUNHIBI, ANDROTH ISLAND.

¶260

14 CHODATH ABDUL KHADER JAILANI AGED 24 YEARS

¶261

S/O CHODATH SUHARABI, ANDROTH ISLAND.

¶262

15 CHODATH IRSHAD BEEGUM

¶263

AS Nos.281/1998, 488/1998
and RFA 394/2005 15

¶264

AGED 20 YEARS

¶265

D/O. CHODATH SUHARABI, ANDROTH ISLAND.

¶266

16 CHODATH AYSHOMMABI AGED 19 YEARS D/O. CHODATH SAROMMABI, ANDROTH ISLAND.

¶267

17 CHODATH RAMEEDHA BEEGUM AGED 13 YEARS (MINOR) D/O. CHODATH SAROMMABI, ANDROTH ISLAND.

¶268

(MINOR APPELLANTS NO.13 AND 17 ARE REPRESENTED BY THEIR
GUARDIAN MOTHERS APPELLANT NO.7 AND 9 RESPECTIVELY).

¶269

*IT IS RECORDED THAT THE 9TH APPELLANT PASSED AWAY AND
HER LEGAL HEIRS ARE ALREADY IN THE PARTY ARRAY AS
APPELLANTS NOS.16 & 17 VIDE ORDER DATED 01.02.2019 IN
MEMO DATED 28.01.2019

¶270

BY ADVS.
SRI.A.P.CHANDRASEKHARAN (SR.)
SRI.K.JAYESH MOHANKUMAR
SRI.KODOTH PUSHPARAJAN
SRI.M.KRISHNAKUMAR
SMT.PRABHA R.MENON

¶271

RESPONDENTS/PLAINTIFFS 1 TO 3, 5 TO 29 AND DEFENDANTS 1 TO 9, 12,13,15 16, 18 TO 35 & 53 TO 74 IN THE SUIT:

¶272

*1 CHODATH ATTABI, AGED 75 YEARS D/O. BEEBI, ANDROTH ISLAND, LAKSHADWEEP. (DIED)

¶273

(IT IS RECORDED THAT RESPONDENTS 2 TO 8 ALREADY IN THE
PARTY ARRAY ARE TEH LEGAL REPRESENTATIVE OF THE DECEASED
IST RESPONDENT AS PER ORDER DATED 8.3.99 VIDE MEMO CF
2981/99.

¶274

2 CHODATH KOYA, AGED 55 YEARS S/O ATTABI, ANDROTH ISLAND, LAKSHADWEEP.

¶275

3 CHODATH SUHARABI, AGED 52 YEARS D/O ATTABI, ANDROTH ISLAND, LAKSHADWEEP.

¶276

4 CHODATH POOKOYA, AGED 47 YEARS S/O. ATTABI, ANDROTH ISLAND, LAKSHADWEEP.

¶277

5 CHODATH BAMBATHIBI, AGED 45 YEARS D/O. ATTABI, ANDROTH ISLAND, LAKSHADWEEP.

¶278

6 CHODATH KHADEEJOMMABI, AGED 38 YEARS D/O.ATTABI, ANDROTH ISLAND, LAKSHADWEEP.

¶279

7 CHODATH HABUSABI, AGED 36 YEARS D/O.ATTABI, ANDROTH ISLAND, LAKSHADWEEP.

¶280

8 CHODATH HAJEROMMABI, AGED 30 YEARS D/O. ATTABI, ANDROTH ISLAND, LAKSHADWEEP.

¶281

9 CHODATH KUNHIBI, AGED 28 YEARS D/O SUHARABI, ANDROTH ISLAND, LAKSHADWEEP

¶282

10 CHODATH NAZER, AGED 26 YEARS S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶283

AS Nos.281/1998, 488/1998
and RFA 394/2005 16

¶284

11 CHODATH JALALUDHEEN, AGED 23 YEARS S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶285

12 CHODATH SHAMSHAD BEEGUM, AGED 27 YEARS D/O. BAMBATHIBI, ANDROTH ISLAND, LAKSHADWEEP.

¶286

13 CHODATH MOHAMMED ABDULRAHIMAN, AGED 25 YEARS, S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶287

14 CHODATH MOHAMMED BURHANUDHEEN, AGED 23 YEARS, S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶288

15 CHODATH JUVARIYATH BEEGUM, AGED 18 YEARS D/O.AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶289

16 CHODATH MOHAMMED RAHIMUDHEEN, AGED 16 YEARS (MINOR) S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶290

17 CHODATH MOHAMMED SAFIYUDDIN, AGED 14 YEARS, (MINOR) S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶291

(MINORS 16 AND 17 REPRESENTED BY THEIR GUARDIAN MOTHER
RESPONDENT NO.5, BAMBATHIBI).

¶292

18 CHODATH BUSHURABI, AGED 28 YEARS D/O KADHEEJOMMABI, ANDROTH ISLAND, LAKSHADWEEP.

¶293

19 CHODATH BEEBI, AGED 27 YEARS D/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶294

20 CHODATH MOHAMMED RAHMATHULLA, AGED 23 YEARS S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶295

21 CHODATH BASHEERABI, AGED 20 YEARS, D/O. KADHEEJOMMABI, ANDROTH ISLAND, LAKSHADWEEP.

¶296

22 CHODATH MOHAMMED LIYAVUDHEEN, AGED 18 YEARS S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶297

23 CHODATH MOHAMMED ABDUL HAKKIM, AGED 15 YEARS, (MINOR) S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶298

24 CHODATH SYEDABI, AGED 13 YEARS (MINOR) S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP (MINORS 23 AND 24 REPRESENTED BY THIE GUARDIAN MOTHER ESPONDENT NO.6, KHADHEEJOMMABI)

¶299

25 CHODATH AMEERABI, AGED 20 YEARS D/O HABUSABI.

¶300

26 CHODATH RAHANATH, AGED 18 YEARS D/O. AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶301

27 CHODATH MUJEEBRAHMAN, AGED 14 YEARS (MINOR) S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP (MINOR 27 REPRESENTED BY HIS GUARDIAN MOTHER RESPONDENT NO.7, HABUSABI).

¶302

28 CHODATH ABDUL SHUKOOR AGED 11 YEARS (MINOR) S/O. HAJEROMMABI.

¶303

(MINOR 28 REPRESENTED BY HIS GUARDIAN MOTHER RESPONDENT NO.8, HAJEROMMABI)

¶304

29 KANJARAKKANDA SHAIK KOYA

¶305

AS Nos.281/1998, 488/1998
and RFA 394/2005 17

¶306

AGED 44 YEARS

¶307

CHODATH KOYAMMAKOYA, ANDROTH ISLAND, LAKSHADWEEP.

¶308

30 KANJARAKKADA ATTAKOYA,AGED 42 YEARS, S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶309

31 KANJARKAKKADA ABDUL JABBAR, AGED 37 YEARS, S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶310

32 KANJARKAKKADA KABIRKHAN, AGED 33 YEARS S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶311

33 P.P.THITHICHAMMADAPURA MARIYOMMABI AGED 60 YEARS, D/O MARIYAMMADA SAYEDMOHAMMED KOYA AND 2ND W/O CHODATH KOYAMMAKOYA, ANDROTH ISLAND, LAKSHADWEEP.

¶312

34 POOKUNHIKOYA, AGED 37 YEARS, S/O KOYAMMAKOYA,S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶313

35 PATHUMMABI, AGED 35 YEARS D/O. KOYAMMAKOYA, ANDROTH ISLAND, LAKSHADWEEP

¶314

36 NAJUMUNNISABI, AGED 33 YEARS D/O. KOYAMMAKOYA, ANDROTH ISLAND, LAKSHADWEEP

¶315

37 KHAYARUNNISABI, AGED 30 YEARS D/O. KOYAMMAKOYA, ANDROTH ISLAND, LAKSHADWEEP

¶316

*38 SHEKKUMADA SAFIYABI, AGED 62 YEARS D/O CHODOTH POOKOYA, ANDROTH ISLAND, LAKSHADWEEP.(DIED)

¶317

*39 SYEDKOYA, AGED 60 YEARS, S/O DECEASED DAUGHTER OF CHODATH POOKOYA, ANDROTH ISLAND, LAKSHADWEEP(DIED)

¶318

40 CHODATH NALLAKOYA, AGED 51 YEARS S/O SAUDABI,ANDROTH ISLAND, LAKSHADWEEP

¶319

41 CHODATH RAHMABI, AGED 47 YEARS D/O SAUDABI, ANDROTH ISLAND, LAKSHADWEEP

¶320

42 CHODATH MOHAMMED RAFI, AGED 26 YEARS D/O. RAHMABI,ANDROTH ISLAND, LAKSHADWEEP

¶321

43 CHODATH KHAMARBAN, AGED 23 YEARS D/O RAHMABI, ANDROTH ISLAND, LAKSHADWEEP

¶322

44 CHODATH RAMLATHBI, AGED 20 YEARS D/O RAHMABI, ANDROTH ISLAND, LAKSHADWEEP

¶323

45 KOYAMMAKOYA, AGED 72 YEARS S/O LATE CHODATH BEEBI, ANDROTH ISLAND, LAKSHADWEEP.

¶324

46 CHODATH SHAIK KOYA, AGED 62 YEARS, S/O LATE BEEBIS DAUGHTER LATE KUNHIBI, ANDROTH ISLAND, LAKSHADWEEP.

¶325

47 CHODATH PATHUMMABI, AGED 50 YEARS D/O. LATE KUNHIBI, ANDROTH ISLAND, LAKSHADWEEP.

¶326

48 CHODATH CHERIYAKOYA, AGED 45 YEARS S/O LATE KUNHIBI, ANDROTH ISLAND, LAKSHADWEEP.

¶327

49 CHODATH POOKUNHIKOYA, AGED 42 YEARS S/O LATE SAROMMABI.

¶328

50 CHODATH SAROMMABI, AGED 30 YEARS D/O PATHUMMABI,ANDROTH ISLAND, LAKSHADWEEP.

¶329

51 CHODATH MARIYOMMABI, AGED 32 YEARS D/O PATHUMMABI, ANDROTH ISLAND, LAKSHADWEEP.

¶330

52 CHODATH MUTHUBI, AGED 30 YEARS

¶331

AS Nos.281/1998, 488/1998
and RFA 394/2005 18

¶332

D/O PATHUMMABI, ANDROTH ISLAND, LAKSHADWEEP.

¶333

53 CHODATH THAJUNNISABI, AGED 25 YEARS D/O. PATHUMMABI, ANDROTH ISLAND, LAKSHADWEEP.

¶334

54 CHODATH RAFEEQ, AGED 22 YEARS S/O PATHUMMABI, ANDROTH ISLAND, LAKSHADWEEP.

¶335

55 CHODATH CHERUKULATH KAVUNJI, AGED 65 YEARS D/O. SHAKKINABI, RESIDING AT KANNUR.

¶336

56 CHODATH MAJEED, AGED 48 YEARS S/O. SHAKKINABI, RESIDING AT KANNUR.

¶337

57 CHODATH RAMLATH, AGED 45 YEARS D/O. SHAKKINABI, RESIDING AT KANNUR.

¶338

58 CHODATH HAVULATH, AGED 40 YEARS D/O.SHAKKINABI, RESIDING AT KANNUR.

¶339

59 CHODATH CHERUKULATH MAMU, AGED 70 YEARS RESIDING AT KANNUR.

¶340

60 MOHAMMED HAKEEM, AGED 22 YEARS S/O P.P. THITHICHAMMADA PURA MARIYOMMABI, ANDROTH ISLAND, LAKSHADWEEP.

¶341

61 NEELATHUPURA NALLAKOYA, AGED 38 YEARS S/O LATE KOYA, ANDROTH ISLAND, LAKSHADWEEP.

¶342

62 CHODATH KASMIKOYA, AGED 35 YEARS S/O LATE KOYA, ANDROTH ISLAND, LAKSHADWEEP.

¶343

63 CHODATH FATHIMABI, AGED 33 YEARS D/O. LATE KOYA, ANDROTH ISLAND, LAKSHADWEEP.

¶344

64 CHODATH THAJUNNISABI, AGED 33 YEARS D/O LATE KOYA, ANDROTH ISLAND, LAKSHADWEEP.

¶345

65 CHODATH SAROMMABI, AGED 28 YEARS D/O. LATE KOYA, ANDROTH ISLAND, LAKSHADWEEP.

¶346

66 CHODATH MOHAMMED RAFEEQ, AGED 20 YEARS ANDROTH ISLAND, LAKSHADWEEP.

¶347

67 CHODATH MOHAMMED FAIZAL, AGED 18 YEARS, ANDROTH ISLAND, LAKSHADWEEP.

¶348

68 PALLIPURA SAROMMABI, AGED 62 YEARS W/O SYED MOHAMMEDKOYA ANDROTH ISLAND, LAKSHADWEEP.

¶349

69 CHODATH SHAIK KOYA, AGED 43 YEARS, S/O PALLIPURA SAROMMABI, ANDROTH ISLAND, LAKSHADWEEP.

¶350

70 CHODATH HABUSABI, AGED 38 YEARS D/O. PALLIPURA SAROMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶351

71 CHODATH RAHIL, AGED 35 YEARS S/O PALLIPURA SAROMMABI, ANDROTH ISLAND, LAKSHADWEEP

¶352

72 C.K.RAMTHAZ, AGED 19 YEARS, S/O. RAMLATH. 73 C.K.RAEEZ, AGED 17 YEARS, (MINOR) S/O RAMLATH, RESIDING AT KANNUR.

¶353

74 C.K.RAFEENATH, AGED 15 YEARS (MINOR) D/O RAMLATH, ANDROTH ISLAND, LAKSHADWEEP

¶354

75 C.K.RASHEED, AGED 10 YEARS (MINOR) D/O RAMLATH,ANDROTH ISLAND, LAKSHADWEEP (MINORS 73,74, AND 75 REPRESENTED BY THEIR GUARDIAN

¶355

AS Nos.281/1998, 488/1998
and RFA 394/2005 19

¶356

MOTHER, RESPONDENT NO.57, RAMLATH).

¶357

76 C.K.HAMLATH, AGED 16 YEARS, (MINOR) D/O HAVULATH.

¶358

77 C.K.ASLAM, AGED 10 YEARS, (MINOR) D/O HAVULATH (MINORS 76 AND 77 REPRESENTED BY THIER GUARDIAN MOTHER RESPONDENT NO.58, HAVULATH).

¶359

78 C.K.MUNEERA, AGED 35 YEARS, D/O. SAKKEENABI.

¶360

79 C.K.MUNEESA, AGED 15 YEARS, (MINOR) D/O MUNEERA.

¶361

80 C.K.ASTHAKAR, AGED 13 YEARS, (MINOR) S/O. MUNEERA.

¶362

81 C.K.ASURA, AGED 11 YEARS, (MINOR) D/O. MUNEERA

¶363

(MINORS 79,80 AND 81 ARE REPRESENTED BY THEIR GUARDIAN
MOTHER RESPONDENT NO.78, C.K.MUNEERA).

¶364

*R82 SEKKUMMADA AYISSUMMABI, ANDROTH ISLAND, LAKSHADWEEP. (DIED)

¶365

R83 SEKKUMMADA PATHUMMABI, ANDROTH ISLAND, LAKSHADWEEP. R84 SEKKUMMADA MOHAMMED HUSSAIN ANDROTH ISLAND, LAKSHADWEEP.

¶366

ADDITIONAL RESPONDENTS 82 TO 84 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED R38 VIDE ORDER DATED 04/07/2022 IN CMP NO.5023/2001

¶367

R85 NEELATHPURA KADEEJOMMABI

¶368

W/O.LATE SYED KOYA, ANDROTH ISLAND, LAKSHADWEEP.

¶369

R86 SYED MOHAMMED ABDUL HASSAN

¶370

S/O.LATE SYED KOYA,ANDROTH ISLAND, LAKSHADWEEP.

¶371

R87 RAHMATH BEEVI

¶372

D/O.LATE SYED KOYA, ANDROTH ISLAND, LAKSHADWEEP.

¶373

R88 SAFEERA BEEVI D/O.LATE SYED KOYA,ANDROTH ISLAND, LAKSHADWEEP.

¶374

R89 RUKHIYA BEEVI D/O.LATE SYED KOYA,ANDROTH ISLAND, LAKSHADWEEP.

¶375

ADDITIONAL RESPONDENTS 85 TO 89 ARE IMPLEADED AS THE
LEGAL HEIRS OF DECEASED R39 VIDE ORDER DATED 04/07/2022
IN IA 1249/2006

¶376

IT IS RECORDED THAT ADDL R82 DIED AND HER LEGAL
REPRESENTATIVES ARE ALREADY ON PARTY ARRAY AS ADDL.R83
AND R84 AS PER ORDER DATED 1/2/2019 VIDE MEMO DATED
24/1/19

¶377

SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.G.RAJAGOPALAN
SRI.SAJAN VARGHESE

¶378

THIS APPEAL SUITS HAVING COME UP FOR HEARING ON 21.07.2022,
ALONG WITH AS.281/1998 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

¶379

AS Nos.281/1998, 488/1998
and RFA 394/2005 20

¶380

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶381

PRESENT

¶382

THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 21^ST DAY OF JULY 2022 / 30TH ASHADHA, 1944

¶383

RFA NO. 394 OF 2005

¶384

AGAINST THE JUDGMENT AND DECREE DATED 11/03/2005 IN OS 6/2000 OF DISTRICT COURT, LAKSHADWEEP

¶385

APPELLANTS: (PLAINTIFFS)

¶386

1 CHODATH PATHUMMABI,

¶387

D/O. CHODATH UMMABI,

¶388

2 CHODATH SHAIKKOYA,

¶389

S/O.CHODATH PATHUMMABI.

¶390

3 CHODATH KOYA,

¶391

S/O.CHODATH PATHUMMABI.

¶392

4 CHODATH MOHAMMED RAFEEL,S/O.CHODATH PATHUMMABI.

¶393

5 CHODATH KHAMARUNNISABI, D/O.CHODATH PATHUMMABI.

¶394

6 CHODATH ATTAKOYA, S/O.CHODATH PATHUMMABI.

¶395

7 CHODATH RAYIDHA THASNEEM, AGED 4 YEARS, (MINOR), REPRESENTED BY HER MOTHER AND GUARDIAN, 5TH PLAINTIFF CHODATH KHAMARUNNISABI.

¶396

8 CHODATH MOHAMMED HASHIM, AGED 7 YEARS, (MINOR), REPRESENTED BY HER MOTHER AND GUARDIAN,5TH PLAINTIFF CHODATH KHAMARUNNISABI.

¶397

9 CHODATH MOHAMMED HISHAM, AGED 7 YEARS, (MINOR) CHODATH KHAMARUNNISABI, REPRESENTED BY HER MOTHER AND GUARDIAN, 5TH PLAINTIFF CHODATH KHAMARUNNISABI.

¶398

10 CHODATH RABI-ATHUL ASLAMIYA, AGED 9 YEARS (MINOR), REPRESENTED BY HER MOTHER AND GUARDIAN, 5TH PLAINTIFF CHODATH KHAMARUNNISABI.

¶399

(ALL ARE ANDROTH ISLANDERS).

¶400

BY ADVS.

¶401

SRI.T.SETHUMADHAVAN
SRI.K.JAYESH MOHANKUMAR
SRI.PUSHPARAJAN KODOTH

¶402

RESPONDENT (DEFENDANTS):

¶403

1 CHODATH KOYA, AGE 62 YEARS, S/O. LATE CHODATH ATTABI.

¶404

2 CHODATH SUHARABI,AGED 59 YEARS, D/O. LATE CHODATH ATTABI.

¶405

3 CHODATH POOKOYA, AGED 54 YEARS, S/O. LATE CHODATH ATTABI.

¶406

4 CHODATH BAMBATHIBI, AGED 52 YEARS, D/O.LATE CHODATH ATTABI.

¶407

5 CHODATH KHADEEJOMMABI,

¶408

AS Nos.281/1998, 488/1998
and RFA 394/2005 21

¶409

AGED 45 YEARS, D/O.LATE CHODATH ATTABI.

¶410

6 CHODATH HABSABI, AGED 43 YEARS, D/O. LATE CHODATH ATTABI.

¶411

7 CHODATH HAJEROMMABI, AGED 37 YEARS, D/O. LATE CHODATH ATTABI.

¶412

8 CHODATH KUNHIBI, AGED 35 YEARS, D/O. CHODATH SUHARABI.

¶413

9 CHODATH NAZER, AGE 33 YEARS, S/O. LATE CHODATH AYSOMMABI.

¶414

10 CHODATH JALALUDHEEN, AGED 30 YEARS, S/O. LATE CHODATH AYSOMMABI.

¶415

11 CHODATH SHAMSHAD BEEGUM, AGE 34 YEARS, D/O. CHODATH BAMBATHIBI.

¶416

12 CHODATH MOHAMMED ATHIKHURAHMAN, AGE 32 YEARS, S/O.CHODATH BAMBATHIBI.

¶417

13 CHODATH MOHAMMED BURHANUDHEEN, AGE 30. YEARS, S/O. CHODATH BAMBATHIBI.

¶418

14 CHODATH JUBAIRATH BEEGUM, AGE 24 YEARS, D/O. CHODATH BAMBATHIBI.

¶419

15 CHODATH MOHAMMED THAKHIYUDHEEN, AGE 20 YEARS, S/O. CHODATH BAMBATHIBI.

¶420

16 CHODATH MOHAMMED RAHIMUDHEEN, AGE 22 YEARS, S/O. CHODATH BAMBATHIBI.

¶421

17 CHODATH BUSHRABI, AGE 35 YEARS, D/O. KHADEEJOMMABI.

¶422

18 CHODATH BEEBI, AGE 33 YEARS, D/O. KHADEEJOMMABI.

¶423

19 CHODATH BASHEERABI, AGE 27 YEARS, D/O. KHADEEJOMMABI.

¶424

20 CHODATH MOHAMMED RAHMATHULLA, AGE 30 YEARS, S/O. KHADEEJOMMABI.

¶425

21 CHODATH MOHAMMED LIYAVUDHEEN, AGE 24 YEARS, S/O. KHADEEJOMMABI.

¶426

22 CHODATH MOHAMMED ABDUL HAKEEM, AGE 21 YEARS, D/O. KHADEEJOMMABI.

¶427

23 CHODATHSAYEDHABI, AGE 19 YEARS, D/O. KHADEEJOMMABI.

¶428

24 CHODATH MOHAMMED ROUF, AGE 13 YEARS, (MINOR) REPRESENTED BY THIS MOTHER AND GUARDIAN CHODATH KHADEEJOMMABI-D5

¶429

25 CHODATH AMEERABI, AGE 26 YEARS, D/O. CHODATH HABSABI.

¶430

26 CHODATH RAIHANATH, AGE 24 YEARS, D/O. CHODATH HABSABI.

¶431

27 CHODATH MUJEEBURAHMAN, AGE 20 YEARS (MINOR), REPRESENTED BY HIS MOTHER AND GUARDIAN CHODATH HABSABI (D6)

¶432

28 CHODATH RAHEEMABI, AGE 18 YEARS, D/O. CHODATH HABSABI.

¶433

29 CHODATH MOHAMMED ALTHAF HUSSAIN,

¶434

AS Nos.281/1998, 488/1998
and RFA 394/2005 22

¶435

AGE 7 YEARS (MINOR), REPRESENTED BY HIS MOTHER AND
GUARDIAN CHODATH HABSABI (D6)

¶436

30 CHODATH ABDUL SHUKOOR,

¶437

AGE 19 YEARS, S/O. CHODATH HAJEROMMABI 7TH DEFENDANT.

¶438

31 CHODATH KAREEMABI, AGE 17 YEARS (MINOR), REPRESENTED BY HER MOTHER AND GUARDIAN, CHODATH HAJEROMMABI (D7).

¶439

32 CHODATH MOHAMMED KAREEM, AGE 16 YEARS (MINOR), REPRESENTED BY HER MOTHER AND GUARDIAN, CHODATH HAJEROMMABI (D7).

¶440

33 CHODATH NOORJAHAN, AGE 14 YEARS (MINOR), REPRESENTED BY HER MOTHER AND GUARDIAN, CHODATH HAJEROMMABI (D7).

¶441

34 CHODATH SAIFUDHEEN,AGE 7 YEARS (MINOR),REPRESENTED BY HER MOTHER AND GUARDIAN, CHODATH HAJEROMMABI (D7).

¶442

35 CHODATH RUKSANA BEEGUM,AGE 5 1/2 YEARS (MINOR), REPRESENTED BY HER MOTHER AND GUARDIAN, CHODATH HAJEROMMABI (D7).

¶443

36 CHODATH MOHAMMED KURAISHI, AGE 17 YEARS (MINOR), S/O. CHODATH KUNHIBI, REPRESENTED BY HIS MOTHER AND GUARDIAN 8TH DEFENDANT.

¶444

37 CHODATH MOHAMMED SAMEER,AGE 11 YEARS (MINOR) REPRESENTED BY HIS MOTHER AND GUARDIAN 8TH DEFENDANT.

¶445

38 CHODATH BEEBI AYISHA,AGE 8 YEARS (MINOR), REPRESENTED BY HIS MOTHER AND GUARDIAN 8TH DEFENDANT.

¶446

39 CHODATH KHASIM AKRAM, AGE 8 YEARS, S/O. SHAMSHED BEEGUM, REPRESENTED BY HIS MOTHER AND GUARDIAN 11TH DEFENDANT.

¶447

40 CHODATH NASEEF,AGE 6 YEARS, S/O. SHAMSHED BEEGUM, REPRESENTED BY HIS MOTHER AND GUARDIAN 11TH DEFENDANT.

¶448

41 CHODATH MOHAMMED IRFAN, AGE 11 YEARS, S/O. CHOODATH BUSHRABI, REPRESENTED BY HIS MOTHER AND GUARDIAN 17TH DEFENDANT.

¶449

42 CHODATH DHARVESH KHAN,

¶450

AGE 9 YEARS, S/O. CHOODATH BUSHRABI, REPRESENTED BY HIS MOTHER AND GUARDIAN 17TH DEFENDANT.

¶451

43 CHODATH NOOR MOHAMMED,

¶452

AGE 8 YEARS, S/O. CHOODATH BUSHRABI, REPRESENTED BY HIS MOTHER AND GUARDIAN 17TH DEFENDANT.

¶453

44 CHODATH MOHAMMED SHAFEEK,

¶454

AGE 6 YEARS, S/O. CHOODATH BUSHRABI, REPRESENTED BY HIS MOTHER AND GUARDIAN 17TH DEFENDANT.

¶455

45 CHODATH NALLAKOYA, AGE 58 YEARS, S/O. CHODATH SOUDHABI.

¶456

46 CHODATH RAHMANI, AGE 54 YEARS, D/O. CHODATH SOUDHABI..

¶457

47 CHODATH MOHAMMED RAFI, AGE 33 YEARS, S/O. CHODATH SOUDHABI.

¶458

48 CHODATH KHAMERBAN, AGE 30 YEARS, D/O. CHODATH SOUDHABI.

¶459

49 CHODATH RAMLETHBI,

¶460

AS Nos.281/1998, 488/1998
and RFA 394/2005 23

¶461

AGE 27 YEARS, D/O.CHODATH SOUDHABI.

¶462

50 CHODATH MURTHULLA,

¶463

AGE 22 YEARS, S/O. RAHMABI (46TH DEFENDANT).

¶464

51 CHODATH ASHAR, AGE 10 YEARS, (MINOR) S/O. CHODATH KHAMERBAN, REPRESENTED BY HIS MOTHER AND GUARDIAN 48TH DEFENDANT.

¶465

52 CHODATH SAHLA,

¶466

AGE 8 1/2 YEARS (MINOR) , D/O. CHODATH KHAMERBAN, REPRESENTED BY HIS MOTHER AND GUARDIAN 48TH DEFENDANT.

¶467

53 CHODATH AJMAL, AGE 7 YEARS (MINOR) , S/O.CHODATH KHAMERBAN, REPRESENTED BY HIS MOTHER AND GUARDIAN 48TH DEFENDANT.

¶468

54 CHODATH MOHAMMED AKRAM, AGE 5 1/2 YEARS (MINOR) , S/O. CHODATH KHAMERBAN, REPRESENTED BY HIS MOTHER AND GUARDIAN 48TH DEFENDANT.

¶469

55 CHODATH SHAIKKOYA,

¶470

AGE 69 YEARS, S/O. LATE CHODATH KUNHIBI.

¶471

56 CHODATH CHERIYAKOYA,

¶472

AGE 52 YEARS, S/O.LATE CHODATH KUNHIBI.

¶473

57 CHODATH POOKUNHIKOYA,

¶474

AGE 49 YEARS, S/O. LATE CHODATH SAROMMABI.

¶475

58 CHODATH SAROMMABI,

¶476

AGE 47 YEARS, D/O. LATE CHODATH PATHUMMABI.

¶477

59 CHODATH MARIYOMMABI,

¶478

AGE 39 YEARS, D/O. LATE CHODATH KUNHIBI.

¶479

60 CHODATH MUTHUBI,

¶480

AGE 37 YEARS, D/O. LATE CHODATH KUNHIBI.

¶481

61 CHODATH THAJUNNISABI,

¶482

AGE 32 YEARS, D/O. LATE CHODATH KUNHIBI.

¶483

62 CHODATH MOHAMMED RAFEEK, AGE 24, S/O.LATE CHODATH KUNHIBI.

¶484

63 CHODATH SUBAIDHA, D/O. CHODATH SAROMMABI.

¶485

64 CHODATH SABIRA BEEGUM,

¶486

AGE 18 YEARS, D/O. CHODATH MARIYOMMABI.

¶487

65 CHODATH IBRAHIM, AGE 13 YEARS, (MINOR) S/O. CHODATH MARIYOMMABI, REPRESENTED BY HIS MOTHER AND GUARDIAN 59TH DEFENDANT.

¶488

66 CHODATH NOUSHIRA, AGE 21 YEARS, D/O. CHODATH MUTHUBI.

¶489

67 CHODATH UBAIDHULLA, AGE 17 YEARS (MINOR), S/O. CHODATH MUTHUBI, REPRESENTED BY HIS MOTHER AND GUARDIAN 59TH DEFENDANT.

¶490

68 CHODATH NAWADH, AGE 13 YEARS (MINOR), S/O. CHODATH MUTHUBI, REPRESENTED BY HIS MOTHER AND GUARDIAN 59TH DEFENDANT.

¶491

69 CHODATH SAJADHATHUNNISABI, AGE 6 YEARS (MINOR), D/O.CHODATH MUTHUBI, REPRESENTED BY HIS MOTHER AND GUARDIAN 59TH DEFENDANT.

¶492

70 CHODATH SAWADH, AGE 13 YEARS (MINOR), S/O. THAJUNNISA,

¶493

AS Nos.281/1998, 488/1998
and RFA 394/2005 24

¶494

REPRESENTED BY HIS MOTHER AND GUARDIAN 59TH
DEFENDANT(D61)

¶495

71 CHODATH NASEELA,AGE 9 YEARS (MINOR) S/O. THAJUNNISA, REPRESENTED BY HIS MOTHER AND GUARDIAN 59TH DEFENDANT(D61)

¶496

72 CHODATH CHERUKULATH KAVUNJI, AGE 72 YEARS, S/O. SAKEENABI, C.K. HOUSE, NEAR SHAIK MASJID, KANNUR-3. (DIED)

¶497

(R73, R74 AND R75 ARE RECORDED AS THE LEGAL
REPRESENTATIVES OF DECEASED R72 VIDE ORDER DATED
07/07/2017 IN MEMO DATED 15/03/2011 CF 1773/2011)

¶498

73 CHODATH MAJEED,AGED 55 YEARS, S/O. SAKEENABI, C.K. HOUSE, NEAR SHAIK MASJID, KANNUR-3.

¶499

74 CHODATH RAMLATH,AGED 52 YEARS, D/O. SAKEENABI, C.K. HOUSE, NEAR SHAIK MASJID, KANNUR-3.

¶500

75 CHODATH HOULATH, AGED 47 YEARS, D/O. SAKEENABI, C.K. HOUSE, NEAR SHAIK MASJID, KANNUR-3.

¶501

76 CHODATH MAMU,

¶502

AGE 79 YEARS, S/O. NOT KNOWN, C.K. HOUSE, NEAR SHAIK MASJID, KANNUR-3.

¶503

77 C.K. RUMTHAZ,

¶504

AGE 26 YEARS, D/O. CHODATH CHERUKULATH RAMLATH, C.K. HOUSE, NEAR SHAIK MASJID, KANNUR-3.

¶505

78 C.K. RAYEEZ,

¶506

AGED 24 YEARS, S/O. CHODATH CHERUKULATH RAMLATH, C.K.
HOUSE, NEAR SHAIK MASJID, KANNUR-3.

¶507

79 C.K. RAFEENATH, AGED 22 YEARS, D/O. CHODATH CHERUKULATH RAMLATH, C.K. HOUSE, NEAR SHAIK MASJID, KANNUR-3.

¶508

80 C.K. RASHEED, AGED 17 YEARS (MINOR), S/O. CHODATH CHERUKULATH RAMLATH REPRESENTED BY HIS MOTHER AND GUARDIAN -DO- (D74).

¶509

81 C.K.HAMLATH, AGE 23 YEARS, D/O. HOULATH, ROOM NO.3, CK 22C ANJU KANDY 138, KANNUR-17.

¶510

82 C.K. ASLAM, AGE 17 YEARS (MINOR), REPRESENTED BY HIS MOTHER AND GUARDIAN 75TH DEFENDANT- HOULATH.

¶511

83 C.K. MUNEERA, AGE 42 YEARS, D/O. SAKEENABI, CP COTTAGE, KATTAMPALLY, KANNUR-15.

¶512

84 C.K. MUNEEZ,AGE 22 YEARS, D/O. CHODATH CHERUKULATH MUNEERA, CP COTTAGE, KATTAMPALLY, KANNUR-15.

¶513

85 C.K. ASTHAKKIR,

¶514

AGE 20 YEARS, S/O. CHODATH CHERUKULATH MUNEERA, CP COTTAGE, KATTAMPALLY, KANNUR-15.

¶515

86 C.K. ASURA,AGE 18 YEARS, D/O. CHODATH CHERUKULATH MUNEERA, CP COTTAGE, KATTAMPALLY, KANNUR-15.

¶516

87 CHODATH HAJEROMMABI, AGE 69 YEARS, D/O. CHODATH UMMABI, ANDROTH, (DIED)

¶517

AS Nos.281/1998, 488/1998
and RFA 394/2005 25

¶518

(R89 IS RECORDED AS THE LEGAL HEIR OF DECEASED R87 VIDE
ORDER DATED 04/10/10 ON MEMO DATED 10/08/2010 - CF
4548/10)

¶519

88 CHODATH SAFIYABI, AGE 67 YEARS, D/O. CHODATH UMMABI, ANDROTH

¶520

89 CHODATH KUNHIBI, AGE 50 YEARS, D/O. CHODATH HAJEROMMABI ANDROTH.

¶521

90 CHODATH SUHARABI, AGE 49 YEARS, D/O. CHODATH SAFIYABI, ANDROTH.

¶522

91 CHODATH SAROMMABI, AGE 47 YEARS, D/O. CHODATH SAFIYABI, ANDROTH.

¶523

92

¶524

CHODATH MOHAMMED ABOO SALIH, AGE 31 YEARS, S/O.CHODATH SAFIYABI, ANDROTH.

¶525

93 CHODATH HAMEEDATH,AGE 20 YEARS, D/O. CHODATH KUNHIBI, ANDROTH.

¶526

94 CHODATH NASEERA BEEGUM, AGE 18 YEARS, D/O. CHODATH KUNHIBI, ANDROTH

¶527

95 CHODATH ABDUL KHADRU JILANI, AGE 31 YEARS, S/O. CHODATH SUHARABI, ANDROTH.

¶528

96 CHODATH IRSHAD BEEGUM, AGE 27 YEARS, D/O.CHODATH SUHARABI, ANDROTH..

¶529

97 CHODATH ISHOMMABI,

¶530

AGE 26 YEARS, D/O. CHODATH SAROMMABI, ANDROTH.

¶531

98 CHODATH RAMEEDHA BEEGUM, AGE 20 YEARS, D/O.CHODATH SAROMMABI, ANDROTH.

¶532

99 CHODATH RAJEENA, AGE 18 YEARS, D/O.CHODATH SAROMMABI, ANDROTH.

¶533

(RESPONDENTS 1 TO 71 AND 87 TO 99 ARE ANDROTH ISLANDERS
AND RESPONDENTS 72 TO 86 ARE RESIDING AT C.K. HOUSE,
NEAR SHAIK MASJID, KANNUR-3)

¶534

ADDL. LAND ACQUISITION OF COLLECTOR, UNION TERRITORY OF R100. LAKSHADWEEP, COLLECTORATE, KAVARATTI. (DELETED)

¶535

(ADDL. R100 IS IMPLEADED AS PER ORDER DATED 17/12/2009
IN IA 4524/09)

¶536

(ADDL. R100 IS DELETED FROM PARTY ARRAY VIDE ORDER DATED
10/06/10 IN IA 4524/09)

¶537

BY ADVS.SRI.MANU.S, SCGC, ADMINISTRATION OF THE UNION
TERRITORY OF LAKSHADWEEP
SRI.T.H.ABDUL AZEEZ – R1 TO R71

¶538

R88 TO R96, R98 & R99 BY ADVS.SRI.K.JAYAKUMAR
 SRI.P.B.KRISHNAN

¶539

R100 BY ADVS.NEELAKANDAN P.M

¶540

 V.SAJITH KUMAR

¶541

THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON
21.07.2022, ALONG WITH AS.281/1998 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:

¶542

AS Nos.281/1998, 488/1998
and RFA 394/2005 26

¶543

JUDGMENT

¶544

A suit for setting aside two documents and
recovery of possession in O.S.No.10/1987 re-numbered
as 5/1997 was decreed by the District Court,
Kavarathy, Lakshadweep, against which the defendants
1 to 13 came up in A.S. No.281/1998. The defendants
No. 36 to 52 came up in appeal in A.S.No.488/1998.
Another suit – O.S.No.6/2000 for partition was
dismissed by the trial court, against which the
plaintiffsinthatsuitcameupin
R.F.A.No.394/2005.

¶545

2.The dispute is pertaining to two documents,
Exts.A5 dated 26/11/1970 executed by Koyamma Koya
and Ext.A13 exchange deed executed between some of
the defendants, which according to the plaintiffs
are not binding on the property left out by Chodath
Tarwad of Androth island, the plaint schedule, on
the ground that it is a 'Vellyazhcha' property
belonged to the Tarwad, wherein the executant
Koyamma Koya was having only a right of enjoyment
without the right of alienation. It is submitted
that Chodoth Tarwad was having four thavazhi by name

¶546

AS Nos.281/1998, 488/1998
and RFA 394/2005 27

¶547

Shaik Koya thavazhi, Abdulkader Koya thavazhi,
Ayshomma thavazhi and Cheriyabi thavazhi. Koyamma
Koya admittedly was the last member of Shaik Koya
thavazhi and was holding the property covered by
Ext.A5 registered deed. By virtue of Ext.A5,
Koyamma Koya had given his entire exclusive right,
title and interest over the property to defendants 1
to 13. The abovesaid document was sought to be set
aside on the ground that Koyamma Koya was not having
any alienable right over the property, but only a
right of enjoyment being a 'Vellyazhcha' property
belonged to the Tarwad. No delivery of possession

¶548

was given at the time of execution of Ext.A5
registered assignment deed, but the recital
contained in the document would show delivery of
possession of property, though the same would not
constitute a term of contract and as such there may
not be any application of Section 91 of the Evidence
Act and parol evidence is permissible to show the
contrary. But, there is no satisfactory evidence
to show that no delivery of possession was effected
either at the time of Ext.A5 or in furtherance of
the said document. Necessarily, the recital

¶549

AS Nos.281/1998, 488/1998
and RFA 394/2005 28

¶550

included in Ext.A5 document, which amounts to a
declaration by the executant that delivery of
possession was given, has to be accepted especially
when the plaintiffs admit that they were not in
possession of the property and included a relief of
recovery of possession in the suit, from the
defendants.

¶551

3.The present suit was filed only on

¶552

18/12/1987 after the expiry of more or less 17
years from the date of execution of Ext.A5
document. The case advanced by the plaintiffs that
they came to know about the alienation only
subsequently cannot be sustained in view of the
deemed and constructive notice as incorporated
under Section 3 of the Transfer of Property Act,
especially when there is delivery of possession of
property in furtherance of Ext.A5, which would
sufficiently give constructive notice of execution
of deed of transfer. Any wilful abstention from
making an enquiry which ought to have been done
would also constitute constructive notice of the
fact that somebody has inducted into the property
and given possession thereof. The suit was

¶553

AS Nos.281/1998, 488/1998
and RFA 394/2005 29

¶554

admittedly instituted after the lapse of more or
less 17 years. In order to counter the bar of
limitation, it was contended that Ext.A5 document
would stand ab initio void from its very inception.
Even if it is admitted that the document would
stand ab initio void from its very inception, a
suit for recovery of possession must be maintained
within a period of 12 years, when possession was
given based on a registered deed and acted upon by
the beneficiary by entertaining a belief that it is
a valid deed of ownership and exercised the right
of ownership over the property based on possession.

¶555

The suit filed after the expiry of more or less 17
years for recovery of possession hence cannot be
sustained. Needless to say, it is upon the
plaintiffs to show and establish that the suit was
instituted within the period of limitation by
virtue of Section 3 of the Limitation Act. There is
ample evidence to show that defendants 1 to 13 are
in possession of the property and even the
plaintiffs have admitted possession of property
with the defendants by instituting a suit for
recovery of possession along with other reliefs.

¶556

AS Nos.281/1998, 488/1998
and RFA 394/2005 30

¶557

Ext.A5 document is of the year 1970 and the
executant Koyamma Koya died in the year 1976. Till
that time, no challenge was raised against the
alienation made.

¶558

4.Admittedly, there are four thavazhi in the
Tarwad by name Chodoth Tarwad in Androth Island
viz., Shaik Koya Thavazhi, Abdulkader Koya
Thavazhi, Ayshomma Thavazhi and Cheriyabi Thavazhi
and a partition was effected in the year 1926 and
1954. It is contended that the parties are not
governed by Marumakkathayam law as claimed by the
plaintiffs, but there is a custom of absolute
partition and as such, both the partitions are
complete and came into effect. Hence, the property
allotted to the share of each thavazhi is complete
and they will get exclusive right over the
respective property. Since Koyamma Koya is the last
surviving member of thavazhi of Shaik Koya, the
alienation made by him under Ext.A5 is valid as
there is no one else in the thavazhi to challenge
its execution. The present suit is filed by the
members of another thavazhi. There is no dispute
that the two partitions effected in the year 1926

¶559

AS Nos.281/1998, 488/1998
and RFA 394/2005 31

¶560

and 1954 were signed by all the members of the
Tarwad, who are competent to represent the Tarwad.

¶561

5.The trial court by relying on various
decisions and the custom prevailed in the island
traced out the history of the settlers in the
island, who had migrated from the west coast of
India at a time when Marumakkathayam law was not
codified. The trial court further by referring a
recognized authority - P.R.Sundaram Iyer on Malabar
and Aliyasanthana law and also the decision rendered
by the High Court of Travancore 1884 (S.A.No.59 of
1054) and the decision rendered by this Court in
Avvammada Pathymmabi and Others v. Avvammada
Sarommabi and Others (AIR 1992 Ker. Page 57) found
that the parties are governed by pristine
Marumakkathayam law and governed by the custom
prevailed in the island. It is also found that the
partition entered into by four thavazhi cannot be
considered as a complete partition as it is not
permissible to have a partition of 'Velliyazhcha'
property belonged to the Tarwad. It is also found
that the partition entered into hence cannot be
considered as a complete partition, but only for

¶562

AS Nos.281/1998, 488/1998
and RFA 394/2005 32

¶563

enjoyment of respective properties allotted
thereunder and they will not get any right of
alienation. Even if it is accepted that the parties
are governed by custom, it is an admitted case that
all the thavazhi and the respective members are
signatories to the earlier partition of the year
1926 and 1954 and it was acted upon by the
respective parties. Hence, even in the case of
existence of a custom, when the parties and the
members, who are competent to represent the Tarwad
had acted upon the property with free volition and
entered into a partition and diverted and separated
the property into four thavazhi namely, Shaik Koya
thavazhi, Abdulkader Koya thavazhi, Ayshomma
thavazhi and Cheriyabi thavazhi, it is not
permissible to eschew the same on the basis of any
custom prevailed and the parties would stand
estopped by their voluntary act, in which, custom
has no role to play, though it is amenable to a
third person to challenge the arrangement or the
partition based on any custom which has a binding
force and recognition. The concept of Tarwad must be
understood for the purpose of the pristine

¶564

AS Nos.281/1998, 488/1998
and RFA 394/2005 33

¶565

Marumakkathayam law and the custom prevailed at that
time and shall not be read to give any perpetual
status as there may be sub-Tarwad and thavazhi,
which would come into effect by passing of time.
Hence, giving a perpetual status to the original
Tarwad, apart from any sub-Tarwad and thavazhi, for
the purpose of retaining the property unalienable
would offend the concept of freedom guaranteed by
our Constitution and it would support the forbidden
principle of accumulation of assets. The two
partitions effected in the year 1926 and 1954 should
be understood in the said background and the act of
parties which were not brought under challenge till
the filing of the suit in the year 1997. By that
time more than 30 years have already elapsed and the
parties have acted upon the partition deed. As
such, it is too dangerous to give another status to
the partition deed in the light of any custom
prevailed in the society. It is otiose to give a
different connotation than what is actually intended
by the parties voluntarily by entering into a
partition. In short, the act of parties once found
to be genuine and voluntary and done under the

¶566

AS Nos.281/1998, 488/1998
and RFA 394/2005 34

¶567

competency, they cannot on a later stage be
permitted to challenge their earlier act based on
any custom prevailed and they would stand estopped
by their conduct. The person litigating under a
party to the partition would also stand estopped by
the conduct of their predecessor-in-interest.
Hence, the finding of the trial court that the
partition is not complete, but only for the purpose
of separate enjoyment based on the custom prevailed
in the society cannot be accepted. There is a total
failure on the part of the trial court to
differentiate an act of party voluntarily done and
application of a custom. Both are different having
different legal consequences. Further, it has also
come out in evidence that the other two thavazhi has
sold several properties, which were allotted to
their respective thavazhi and accordingly, they have
acted upon the partition. When all parties have
consented to a partition with respect to the
property held by the Tarwad to divide the same into
each thavazhi and acted upon the partition without
challenging the same for a long period of more than
30 years, it is too hazardous to permit any of the

¶568

AS Nos.281/1998, 488/1998
and RFA 394/2005 35

¶569

party to the partition or any person litigating

¶570

thereunder to challenge the same.

¶571

6.It is settled that when the custom offends
any fundamental rights of a citizen under Article
19(1)(a) after the advent of Constitution, that
custom would stand void. The legal position was
very much settled by this Court in Sheikriyammada
Nalla Koya v. Administrator, Union Territory of
Laccadives (1967 KLT 395). The impact of Article
19(1)(f) which guarantees every citizen to hold and
dispose the property was taken into consideration by
this Court by referring to the decisions rendered by

¶572

the Apex Court in Narendra Kumar v. Union of India
(AIR 1960 SC 430), Chintaman Rao v. State of Madhya
Pradesh (AIR 1951 SC 118), State of Madras v.
V.G.Row (AIR 1952 SC 196), Ram Sarup v. Munshi (AIR
1963 SC 553), Sant Ram v. Labh Singh (AIR 1965 SC
314) and Babu Ram v. Bajnath Singh (AIR 1962 SC
1476). The question that was taken up and laid down
is pertaining to the right of pre-emption prevalent
by way of custom in the island and whether it would
offend the mandate under Article 19(1)(f) of the
Constitution and it was consistently held by the

¶573

AS Nos.281/1998, 488/1998
and RFA 394/2005 36

¶574

Apex Court that complete restriction on alienation
is unreasonable and cannot be sustained though the
right of pre-emption based on custom is found to be
valid. In Ram Sarup v. Munshi (AIR 1963 SC 553),
the Apex Court had upheld the validity of custom
relating to pre-emption. It was a case wherein a
right of pre-emption was given to the members of
family of vendor and found that the custom is valid,
but further held that the custom of pre-emption on
the ground of vicinage is unreasonable.

¶575

7.In the instant case, what is involved is
the validity of partition of the year 1926 and 1954
and whether it amounts to complete partition or only
an arrangement of enjoyment of properties on the
basis of the alleged custom prevailed. After the
advent of Constitution and in view of Article 19,
any provision or custom, which would take away the
right of alienation would offend the right
guaranteed under that Article, but a reasonable
restriction or a pre-emption right, which is also a
reasonable restriction would be valid. But no such

¶576

case is involved in the instant case as it is
pertaining to the validity of partition of the year

¶577

AS Nos.281/1998, 488/1998
and RFA 394/2005 37

¶578

1926 and 1954 between four thavazhi of a Tarwad.
Hence, these two partition deeds cannot be
considered as incomplete.

¶579

8.As discussed earlier, there is no much
dispute with respect to the fact that in the
thavazhi of Shaik Koya, Koyamma Koya is the last
member and he had executed Ext.A5 deed, by which
delivery of possession was also given. The
contention that the abovesaid Ext.A5 is ab initio
void cannot be sustained as it was executed by the
last surviving member of the thavazhi and none of
the members of the thavazhi came up challenging the
abovesaid document. The members of the other
thavazhi, who are the plaintiffs herein, have no
locus standi to challenge the deed of transfer since
there is an absolute partition earlier effected by
separating the properties of four thavazhi. The
suit for recovery of possession cannot be sustained
since there is a lapse of more than 12 years from

¶580

the date of document and delivery and they were
holding the property as if and under the belief of
valid ownership over the property. Koyamma Koya
passed away on 4/11/1976 and Ext.A5 is the of year

¶581

AS Nos.281/1998, 488/1998
and RFA 394/2005 38

¶582

1970 and the present suit is of the year 1987.
Hence, the suit will not stand, stood hopelessly
barred by limitation.

¶583

9.On coming into O.S.No.6/2000, it is a suit
for partition which was dismissed by the trial
court. There are four schedule to the suit – A, B, C
and D. The D schedule is the subject of Ext.A5 and
A13 document, hence not available for partition. As
far as other properties are concerned, it is the
property of Chodoth Tarwad and are available for
partition. Since the thavazhi of Shaik Koya had
earlier alienated, D schedule under Ext.A5 and also
by exchange under Ext.A13, they are estopped from
claiming any right, title or interest over the
remaining properties left out by the Tarwad and a
decree of partition can be granted in favour of
three thavazhi, namely the thavazhi of Abdul Khadar
Koya (Cheriya Koya thavazhi), Cheriyabi thavazhi and
Ayshomma thavazhi based on the principle of
frustration (forfeiture) of right of partition
settled by this Court in Gopakumar and Others v.
Kamalakshy Purushothaman and Others (2019 (3) KHC
478). Hence, the decree and judgment of the trial

¶584

AS Nos.281/1998, 488/1998
and RFA 394/2005 39

¶585

court dismissing O.S.No.6/2000 is hereby set aside
and a preliminary decree for partition by metes and
bounds and separation of 1/3rd right of plaintiffs
and defendants 87 to 99 to the thavazhi of Cheriyabi
is granted. The remaining shares would go to the
thavazhi of Ayshomma and Abdul Khadar Koya. A
preliminary decree is passed accordingly.

¶586

The trial court shall proceed with the final
decree proceedings in view of the legal position
settled by the Apex Court in Kattukandi Edathil
Krishnan and Another v. Kattukandi Edathil Valsan
and Others (2022 SCC Online SC 737), for which the
parties shall appear before the trial court on
15/09/2022. R.F.A.No.394/2005 will stand allowed
accordingly. The other two appeals, A.S.No.281/1998
and 488/1998 will also stand allowed. The
suit – O.S.No. 10/1987 will stand dismissed. There
is no order as to costs.

¶587

Sd/-

¶588

P.SOMARAJAN JUDGE

¶589

msp

Chodath Pathummabi, v. Chodath Koya

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Chodath Pathummabi, v. Chodath Koya

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