ACHAMMA THOMAS Vs. ALIYAMMA THOMAS

JUDGEMENT

(1.) Plaintiffs 1 to 3 are the appellants and the appeal arises out of a suit for partition and recovery of their share in the plaint schedule items. The plaint items belonged to Koruthu Idicula and after his death they devolved on his son Idicula Thomas. The first plaintiff is the sister of Idicula Thomas. Besides the first plaintiff, Idicula Thomas had two other sisters whose children are plaintiffs 2 and 3. Idicula Thomas had a son Jayadevan who predeceased the father. The defendant is the widow of Idicula Thomas. Idicula Thomas died intestate and the plaintiffs claim one half share in the assets left behind by Idicula Thomas under the provisions of the Travancore Christian Succession Act (Act II of 1092). The Defendant resisted the suit contending that Koruthu. Idicula and Idicula Thomas were members of Yuyomayam community, they are not Christians and are not governed by the provisions of the Travancore Christian Succession Act, hey are governed by the tenets of Yuyomayam religion under which the defendant is the sole heir entitled to claim the properties of Idicula Thomas. The suits was dismissed by the courts below holding that Idicula Thomas was a follower of Yuyomayam religion and the Christian Succession Act of 1092 is not applicable and the plaintiffs are not therefore entitled to any share in the assets of Idicula Thomas.

(2.) The only question that arises for consideration is whether Idicula Thomas was a Christian governed by the provisions of the Travancore Christian Succession Act (Act II of 1092). It is agreed between the parties that the plaint properties were obtained by Koruthu Idicula under Ext. P 3 partition deed dated 11-4-1913. The parties to Ext. P 3 are described as Syrian Christians. The plea of the defendant is also that Koruthu Idicula was a Christian and subsequently he became a member of Yuyomayam sect, members of the .Yuyomayam sect are not Christians and they form, a separate religion. In the Census Report of India Vol XXVI, Part I, Chapter III, page 111 Para.94, there is a description of the Yuyomayam sect and it will be useful to extract the same for the purpose of this case: