The main legal point established in the judgment is that the parties were governed by the Hindu Mithakshara Law on the date of the suit, entitling the plaintiff to 1/3 share in the properties, despite the adoption of certain customs, usages, and manners of Namboodiris.

P. Subramonian Poti, J.

1. The appellant before me in the S.A. is the plaintiff in a suit for partition. Originally there were only 2 defendants in the suit. Defendants 3 to 7 were later on added as additional defendants. Plaintiff and defendants 1 and 2 are, according to the plaintiff, members of a Hindu Mithakshara family, first defendant being the manager. The plaintiff is entitled to 1/3 and defendants 1 and 2 are together entitled to the remaining 2/3. The main dispute between the parties is about the law governing the plaintiff and defendants. "According to the first defendant, their family is not governed by the Hindu Mithakshara law, but the law governing Namboodiris, since their family has settled down in Hosdrug at a village called Pullur and adopted the customs, manners and usages, including the custom of impartibility. Therefore according to the first defendant, the suit for partition would not lie as partition cannot be had except by mutual consent. The second defendant supported the case of the plaintiff.

2. It may be necessary to refer to certain facts which are pertinent to the disposal of the case. The parties are Havik Brahmins of South Kanara District formerly forming part of the Madras State, but now forming part of the Kerala State as also part of the Mysore State. They migrated to Hosdrug in North Malabar and settled down there. Whatever might be their law before such migration, according to the first defendant, they have adopted the usages of Namboodiris and their customs and manners. There are several such families of Havik Brahmins, who, according to the first defendant, have so adopted the customs of the Namboodiris. Though they are not Namboodiris as such and they call themselves by the name Embrandiris they observe all the religious rites that Namboodiris normally observe. To a certain extent the parties to this case are agreed in this. Even the plaintiff, who, contends that they are still followers of the Hindu Mithakshara law, admits that certain customs which are peculiar to the Namboodiri families have been adopted by Embrandiris who are settled down in and around Hosdrug. I may refer to some of such manners, customs and usages adopted by the family of the plaintiffs and other Havik Brahmins settled down in Hosdrug. Normally the Brahmins of South Kanara both Sivalli and Havik have their tuft at the back while Namboodiris have their tuft in front. The plaintiff's family had adopted the custom of Namboodiris in this regard. They wear white dresses, males as well as females as in the case of Namboodiris though South Kanara Brahmins have no objection to wear coloured dresses and their females would not wear white dress. Their women are called as Antharjanams which is peculiar to Namboodiris and they observe a sort of pardha by carrying cadjan leave umbrellas whenever they go out. Their widows do not shave their heads on the death of their husbands though in the case of South Kanara Brahmins the custom is otherwise. At the time of marriage the 'tali' is tied in a white thread on the bride's neck whereas in the case of Brahmins of South Kanara what is worn is 'karimani' or black beads. Among Namboodiris till recently it was customary only for the eldest member in the family to marry leaving the other members to enter into marital relations with members belonging to Nair community. This custom too is said to have been adopted by plaintiff's family. Among Namboodiris the 'samavarthanam' for a brahmachari after 'upanayanam' is to be conducted three years after the 'upanayanam' and during all these three years he has to wear along with the sacred thread a leather belt made of 'Krishnanjanam'. Among other Brahmins 'samavarthanam' is conducted just before marriage and until 'samavarthanam' a small piece of leather alone need be worn in the sacred thread itself. This custom of the Namboodiris too is said to have been adopted by the plaintiff. There is a custom among Namboodiri ladies that after the mon