K C SANKARANARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A common question of law arises in all these Original Petitions and therefore they were heard together and disposed of by a common judgment. For convenience sake, I shall refer to the documents as they are marked in O.P. No. 9044 of 1991.

(2.) Petitioners 1 to 4 in O.P. No. 9044 / 91 are the legal representatives of late Smt. Puthiyaveettil Meera Bai. Ist petitioner is the husband, petitioners 2 to 4 are the daughters and 5th petitioner is the younger sister of late Meera Bai.

(3.) Under a final decree, in a partition suit, O. S. No. 553 of 1939 on the file of Munsiff's Court, Kuthuparamba, the plot 'C' comprised in R.S. 6 / l of Kavilampara Desom in Badagara Taluk was allotted to the thavazhi of late Mathu alias Kunchi Amma. The above plot was private forest. As per the final decree, the private forest was divided into by metes and bounds among the co-sharers to be enjoyed by them either singly or in groups. According to the petitioners, Meera Bai and four others are the only surviving members of the thavazhi of Puthenveettil Mathu alias Kunchi Amma and that as per the above final decree, share No. 20 consisting of 79.19 acres of private forest lands was allotted absolutely to the share of Kunchi Amma's thavazhi. Meera Bai and others in the group were governed by Marumakkathayam Law. Marumakkathayam system of inheritance was abolished by Joint Family Abolition Act, 1976, which came into force on 1-12-1976. Meera Bai and 4 others became the co-owners of the property allotted to the thavazhi of late Kunchi Amma and according to petitioners, petitioners 1 to 4 are entitled to the share of Meera Bai as her legal heirs. 5th petitioner is entitled to her share in the thavazhi property as second grand-daughter of late Kunchi Amma. According to them, subject to the provisions of Kerala Land Reforms Act, all of them are entitled to own and hold land, and the lands inherited by them have not vested in the Government under the provisions of Kerala Private Forest (Vesting and Assignment) Act (hereinafter referred to as 'the Act').