JUDGMENT :- This second appeal is directed against a preliminary decree for partition of a half share of the suit properties for the plaintiff, passed by the District Judge, Palghat, reversing the decree of the Munsiff, Alathur, dismissing her suit. The properties belonged to one Subramanya Pattar, a brahmin, a non-marumakkathayee In the year 1082, he married the plaintiff's mother Kalliani Amma, a marumakkathayi woman who lived in Trichur to the former Cochin State, and the plaintiff was born in the year 1084. The properties are situated in Palghat district which formed part of the former Presidency of Madras, and later of the State of Madras as it was before the reorganisation of States. Subramanya Pattar's marriage with Kalliani Amma was dissolved in the year 1087 and afterwards he married the first defendant, a woman of his own caste. He died in the year 1129. The plaintiff's claim to a half share is based on S. 30 of the Madras marumakkathyam Act, 1932, the relevant part of which reads as follows :

"30. (1) On the death intestate of a male not being a marumakkathayi

(i) who -

(a) has, before the date on which this Act comes into force, contracted a marriage with a marumakkathayi

Click Here to Read the rest of this document