AYYAN AIYAPPAN Vs. KANNAN SANKARAN

JUDGEMENT

(1.) This is an appeal by the plaintiff from the Judgment and decree of the Principal District Munsiff of Quilon in O.S. 611 of 1113 of his Court.

(2.) The plaintiff alleging that he and defendants 1 to 3 are members of an undivided Marumakkathayam tarwad used to set aside certain alienations and to recover possession of the plaint properties on behalf of the tarwad with mesne profits. The learned Munsiff held that the parties are governed by the makkavazhi system of inheritance and dismissed the suit.

(3.) Plaintiff and defendants 1 to 3 are members of the Kurava Community. The most important question that arises for decision in this appeal is as to the law that govern the parties viz. whether they are followers of Marumakkathayam law or whether they follow makkavazhi system of inheritance as contended for by the defendants.