RAMACHANDRAN Vs. VIJAYAN

JUDGEMENT

(1.) The instant appeal, preferred by the original defendants, assails the judgment dtd. 27/8/2009 passed by the High Court of Kerala in A.S. No. 563 of 1999 whereby the appeal was dismissed and the preliminary decree passed by the Trial Court in O.S.631/1999 was affirmed.

(2.) The present appeal concerns the devolution of property by way of traditional Marumakkathayam law. Prior to delving into the legal niceties, an understanding of certain foundation concepts is necessary.

(3.) The Hindu community being a vast and diverse community is governed by different schools of personal laws. Apart from the dominant Mitakshara school of law, some communities among Hindus have their own system of personal law like the Marumakkathayam law, the Nambudiri law or the Aliyasantana law. In the issue at hand, parties are admittedly governed by the Marumakkathayam law. With respect to Marumakkathayam law, this Court has stated in Achuthan Nair v. Chinnamu Amma, 1965 SCC OnLine SC 303 :