Judgment

HEGDE, J: - A common question arises for decision in these appeals by special leave. That question is as to who is the legal heir of the deceased Kochan Kani. Kunjuraman Kani, the son of the deceased Kochan Kani (who will hereinafter be referred to as the appellant) claims that he is the legal heir. On the other hand Mathevan Kani (who will hereinafter be referred to as the respondent) the brother of the deceased Kochan Kani claims that he is the legal heir. According to the respondent the deceased was governed by Marumakkathayam law but according to the appellant he was a Makkathayee. Both Marumakkatham system as well as Makkathayee system are customary laws.

2. After the death of Kochan Kani the revenue authorities came to the conclusion that the appellant was entitled to the estate of his father. Thereafter the respondent filed O. S. No. 74 of 1956 on the file of the Second Additional District Judge, Trivandrum against the appellant and his step mother seeking a declaration that he was entitled to the transfer of the registry in his name as the legal heir of the deceased Kochan Kani. That suit was dismissed by the trial court but on appeal the High Court of Kerala reverse