JUDGMENT

Raman, J.

This appeal arises out of the judgment and decree in O.S.No.168/2000 of the Sub Court, Alappuzha. The suit is one for partition. Defendant No.22 is the appellant herein. The suit property jointly belonged to one Rajan and his wife Sulochana. They had no issues. Rajan died in 1991. Subsequently, Sulochana died intestate in 1993. Hence succession is governed by the provisions of Hindu Succession Act, 1956. But the point in controversy is as to whether the estate of the deceased will devolve on the legal heirs as per Section 16 or Section 17 of the Hindu Succession Act. In this regard it is contended by the learned Counsel, Sri Sadananda Prabhu, appearing for the appellant that at the time Sulochana died in 1993 she is not governed by the marumakkathayam law, since the marumakkathayam law in the State of Kerala had been repealed by the provisions contained in the Kerala Joint Hindu Family System (Abolition) Act, 1975. According to him, since the succession opens in 1993, on the death of Sulochana when she is not governed by the marumakkathayam law, the estate of the deceased will be devolved on the legal heirs in terms of Section 17 of the Hindu Succession Act. Per co