1. The petitioner is the 1st defendant in 0. S.309/54 on the file of the Munsiff's Court, Hosdrug. The suit was filed by his brother for partition of joint family properties. The plaintiff alleged that the community of Embrandiries to which the parties belonged was governed by Hindu Mithakshara Law and that he was entitled to an equal share along with his brothers defendants 1 and 2. The 1st defendant on the other hand contended that the parties were Malayalee Brahmins constituting an Illom governed by the Madras Namboodiri Art.21 of 1933, and the properties if partible at all, could be partitioned only under the provisions of that Act, in which case the plaintiff is not entitled to 1/3rd share, and his wife and children should necessarily be impleaded. On this contention an issue was raised "whether the plaintiff and defendants were governed by Mithakshara Law or the Namboodiri Act of 1933."

2. The learned Munsiff found that the parties were governed by Hindu Mithakshara Law and granted a preliminary decree for partition of the plaintiff's 1/3rd share. The 1st defendant went up in appeal and the Subordinate Judge of Kasargode reversed the finding of the trial court and