R BALAKRISHNA WARRIER Vs. SANTHA VARASSIAR

JUDGEMENT

(1.) The plaintiff in OS No. 178 of 1958, Additional Munsiff court, Ernakulam appellant in SA No. 669 of 1976 is the appellant in this appeal. The appellant belongs to Edappally Padinjare Warriam. His main prayer in the suit was to declare that the appellant's family is entitled to do Kazhakam services in the two temples as the family has hereditary rights in that regard. The trial court held that the plaintiff or his family had no Karaima right (hereditary right) in the temples as claimed. It is stated in the appeal memorandum that both the courts held thus:

(2.) The appellant filed SA No. 669 of 1976 and assailed the judgments and decrees of the courts below. The learned Single Judge of the High court, in paragraph 2 of the judgment, observed thus:

(3.) We heard counsel. The appellant has not sought any amendment of the plaint either in the High court or in this court. The main prayer is for grant of declaration that the appellant's tarwad (family) has the right to perform Kazhakam services in the two temples. The High court was right in holding that the Kerala Act 30 of 1976 has abolished the joint family system. The tarwad has become extinct. No declaration can be given in favour of a non-existing entity. On this aspect, we concur with the High court and dismiss this appeal with no order as to costs.