JUDGMENT

The appeal arises out of the judgment and decree in OS No.225 of 2010 on the files of the Munsiff Court, Chavakkad, as confirmed by the Sub Court, Chavakkad, in AS No.29 of 2014.

2. The brief facts necessary for the disposal of the appeal are as follows:

The defendants 2 and 3 in OS No.225 of 2010 are the appellants herein. The plaint schedule property originally belonged to “Pachu”, the grandfather of defendants 1 to 4, his son named “Sankaru” who died in the year 1955. D1 to D4 are the children, sons of the late “Sankaru”. The plaint schedule properties are admittedly ancestral properties in the hands of D1 to D4. The ancestral properties are situated in Vadanappally, which comes under the erstwhile Malabar area. The parties are governed by the “Asari” (Kamala) community of Malabar which follows Hindu Mitakshara Law as a customary law. As per the custom of the “Asari” family, male members acquire the right to the property by birth, and the female members also acquire the right by virtue of the provisions of the Hindu Women’s Right to Property Act , 1937. Defendants 5 to 8 are born prior to the Hindu Joint Family (Abolition) Act, on 01.12.1976. The mother of D1 to D3, i.e.,