Mukkatparkum Kodarakandy Mammad Haji v. Kattikayilpakum Koshipurankarady
1909-11-30
ARNOLD WHITE, KRISHNASWAMI AIYAR
body1909
DigiLaw.ai
JUDGMENT 1. We think the District Judge was right in his view that the properties in question were inherited under the Mahomedan Law. Having regard to the additional issues which were framed, the defendants cannot rely on the alleged admission in the plaint that Suppis children were governed by the Marumukkathayam law of inheritance. 2. It must now be taken to be common ground that on Suppis death his children inherited the property under Mahomedan Law. It was argued, however, that on the death of plaintiffs father, who was one of Suppis children, the further descent of his share in the property must be according to Marumakkathayam Law because he was also a member of Marumakkathayam Tarwad. This does not, however, follow, for in the absence of any usage; to the contrary, property inherited under Mahomedan Law will pass in further descent under that law. This is in accordance with the decisions in Chathuni v. Sankaran 8 M. k238; Assan v. Pathumma 22 M.k 494 and Kunhimbi Umma v. Kandi Moithin 27 M.k 77. The defendants have not proved any such usage. 3. If election were open to the plaintiffs father who was governed by two systems of law in respect of different properties, he must be taken to have elected when he accepted Ex.-A. 4. As regards items Nos. 6 and 7, it is admitted they were Suppis properties, and the plaintiffs father would, therefore, be a tenant in common with Suppis other children. 5. There is no evidence of ouster to constitute adverse possession. 6. The second appeal is dismissed with costs.