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Judges : GOVINDA PILLAI
Kochu Bhagavathi - Appellant
Versus
Chinna Appi - Respondent
Case No : S. A. No. 625 of 1952
Decided On : 10/14/1954
Advocates Appeared :
P. Subramonian Potti; For Appellant G. Balagangadharan Nair; For Respondents
The Thandan - Marumakkathayam Law of Inheritance - The court confirmed the lower court's decision that Thandans follow the Marumakkathayam law of inheritance, and dismissed the appeal due to lack of evidence to establish a custom of separate and self-acquired properties going to the wife and children of a Thandan.
Fact of the Case:
The decree-holder, a Thandan, passed away, and his mother was impleaded as his legal representative. His wife and children also applied to be impleaded, claiming that the separate properties of a Thandan should go to them and not to his tarwad. The Court below held that Thandans follow the Marumakkathayam law of inheritance, and the appeal was against this order.
Finding of the Court:
The court found that there was no sufficient evidence to show a custom in the Thandan community where the separate and self-acquired properties of a male would go to his wife and children. The evidence presented was deemed insufficient to establish such a custom, and the court confirmed the lower court's decision and dismissed the appeal with costs.
Issues: The main issue was whether there existed a custom in the Thandan community where the separate and self-acquired properties of a male would go to his wife and children, contrary to the Marumakkathayam law of inheritance.
Ratio Decidendi: The court's decision was influenced by the lack of sufficient evidence to establish the alleged custom in the Thandan community regarding the inheritance of separate and self-acquired properties. The court referred to previous judgments and emphasized the requirement for adequate evidence to prove such customs.
Final Decision: The appeal was dismissed, and the lower court's decision was confirmed, with costs imposed on the appellant.
1. The decree-holder in this case was a Thandan (Tree climber) by caste and on his death his mother, as the heir got herself impleaded as his legal representative. Then his wife and children also applied to be impleaded on the ground that the separate properties of a Thandan will go to his wife and children and not to his tarwad. The Court below held that thandans are followers of Marumakkathayam law of inheritance and that the mother was the legal representative to be impleaded. The appeal is against this order. As early as 1084, the High Curt in Ext. A. Judgment had expressed the view that Thandans follow the Marumakkathayam law of inheritance. It was the appellant's case that though they are Marumakkathayees a custom has grown up in the community so that the separate and self-acquired properties of a male, would go to his wife and children. There is no sufficient evidence in this case to show that there is such a custom. Dws.1 to 3 who speak to this custom have not produced nay document to show this. Dw. 2 even said that his Karanavan's properties were not given to his wife and children. There is only Ext.1 of 1118 in which the wife and children of a deceased Thandan dealt with his properties. But this solitary instance is not sufficient to establish a custom. In 1954 K.L.T. 631, this court had discussed this question and mentioned how custom is to be set up and proved. The evidence here is wanting to prove the custom. So I confirm the order of the court below and dismiss this appeal with costs.
Dismissed.
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