NANI AMMA Vs. KOCHUGOVINDAN NAIR

JUDGEMENT

(1.) This appeal is by the plaintiffs who sought partition of their share in the suit properties which constitute the estate of one Kalliani Amma who belonged to the Veluthedan community. She died issueless on 2-5-1952 leaving behind her the 1st defendant her husband, the 2nd defendant her father, and the plaintiffs the descendants of her grandmother. Plaintiffs aver that Kalliani Amma was governed by the Cochin Marumakkathayam Act and therefore her husband is entitled only to a moiety of her estate, the balance having devolved on the thavazhies of the plaintiffs. The 1st defendant contends that Kalliani Amma was governed by the Cochin Nayar Act whereunder he is her sole heir. The Court below found the Cochin Nayar Act to apply and therefore non suited the plaintiffs. Hence this appeal.

(2.) The only question here is of the law of succession among the Veluthedans in Cochin Area.

(3.) The Cochin Nayar Act, XXIX of 1113, in its S.1 enacts: It shall apply to all Nayars domiciled in Cochin ... It then follows that, if Veluthedans are Nayars, The Cochin Nayar Act must necessarily govern the intestate succession among them. The Act, however, does not define Nayars.