Court : Kerala
Reported in : AIR2003Ker114
..... the provisions of the travancore ezhava act, the cochin thiyya act and the cochin makkathayam thiyya act are very clear. ..... but, under the cochin thiyya act as well as the cochin makkathayam thiyya act valid marriage can be solemnised either by tying mangalyasutra or by mutual garlanding. ..... 'thiyyas domiciled in cochin except in chittoor taluk who follow makkathayam are governed by the cochin makkathayam thiyya act. ..... if the parties are governed by the cochin makkathayam thiyya act. ..... but, under the cochin makkathayam thiyya act marriage can be dissolved by mutual consent evidenced by a registered instrument attested by not less than two witnesses. ..... hence, an administration suit cannot be filed by one of the heirs to obtain possession of the property wrongfully withheld by another person claiming to be the heir'.it is seen that the decision in chand narain's case (air 1940 lahore 179) (supra) was affirmed by a division bench of the lahore high court in the decision reported in zamani begam v. ..... the principle laid down in chand narain's case (air 1940 lahore 179) (supra) was again considered by the lahore high court in the decision reported in . ..... amir bi's case (air 1928 mad 760j (supra) and also the decision reported in chand narain's case (air 1940 lahore 179) (supra). ..... 'as already stated, that question was again considered in the decision reported in chand narain's case (air 1940 lahore 179). ..... ghasi ram, air 1940 lahore 179. .....
Tag this Judgment!Court : Kerala
Reported in : [1998]231ITR693(Ker)
..... the cochin makkathayam thiyya act (xvii of 1115) ;10. ..... the term 'joint hindu family' as defined under section 2 would take in (1) a tarwad or thavazhi governed by the madras marumakkathayam act, 1932, the travahcore nayar act, ii of 1100, the travancore ezhava act iii of 1100, the nanjinad vellala act of 1101, the travancore kshatriya act of 1108, the travancore krishnavaka marumakkathayee act, vii of 1115, the cochin nayar act, xxix of 1113, or the cochin marumakkathayam act, xxxiii of 1113 ; (2) a kutumba or kavaru governed by the madras aliyasanthana act, 1949 ; (3) an illom governed by the kerala nambudiri act, 1958, and (4) an hindu undivided family governed by the mitakshara law. ..... the cochin thiyya act, viii of 1107 ;9. ..... (iii) whether, on the facts and in the circumstances of the case, the deputy commissioner was justified in finding that the assessment completed by the assessing authority assigning the status of tenants-in-common is irregular on the ground that only male members can be coparceners and female members are excluded from the coparcenary ignoring as it were the provisions contained in section 4(2) of the kerala joint hindu family system (abolition) act, 1975, providing for a statutory disruption of a joint hindu family and per capita partition of the joint hindu family ..... the cochin marumakkathayam act (xxxiii of 1113) ;12. ..... the cochin nayar act (xxix of 1113) ;11. .....
Tag this Judgment!Court : Kerala
Reported in : (1998)147CTR(Ker)88
..... the cochin makkathayam thiyya act, xvii of 1115;10. ..... 2 would take in (1) a tarwad or thavazhi governed by the madras marumakkathayam act, 1932, the travancore nayar act, 11 of 1100, the travancore ezhava act 11 of 1100, the najinad vellala act of 1101, the travancore kshatriya act of 1108, the travancore krishnavaka marumakkathayee act, vii of 1115, the cochin nayar act, xxix of 1113, or the cochin marumakkathayam act, xxxii of 1113, (2) a kutumba or kavaru governed by the madras aliyasanthana act, 1949; (3) an illom governed by the kerala nambudiri act 1958; and (4) an huf governed by the mitakshara law.admittedly the original assessee belonged to an huf governed by mitakshara law and the properties income from which is proposed ..... the cochin thiyya act, viii of 1107;9. ..... the recommendation of the commission was as follows :'(i) the joint family system among the hindus governed by the kerala nambodiri act or the mitakshara law be abolished by legislation, replacing joint tenancies by tenancies-in-common;(ii) among the namboodiries all male and female members of the illom do become co-owners as on a given date each taking an equal share on a per capita basis; and(iii) among the hindus governed by the mitakshara law, all members of the joint family who are entitled to shares if a partition takes place on a given date be co-owners ..... the cochin marumakkathayam act, xxxiii of 1113;12. ..... the cochin nayar act, xxix of 1113;11. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1983Ker66
..... his legal heirs under the cochin makkathayam thiyya act were his wife deceased kurumba and children the plaintiff, defendants 1, 2, 3, 9 and deceased ..... but where the co-owner purports to be entitled to transfer the property as if he is the sole owner and the transferee comes into possession, though the transfer will legally operate as a conveyance only of the interest of the alienating co-owner, possession of the transferee from the moment of transfer will be adverse to the other co-owners because it is with an animus to hold adversely that the transferee would come into possession of the property and would therefore be holding the property with a hostile animus ..... to my notice that the alienation exhibit b1 was also for the benefit of the non-alienating co-sharers as it had been as recited in the document for the discharge of debts and liabilities charged on the suit properties and other properties, that the sharers had inherited from their father thupran.i need hardly state hat defendants 10 and11 are entitled to restoration of such benefits that would have accrued to the plaintiff on account of the discharge by them of debts and liabilities of the co-sharers mentioned in ext ..... is pointed out that even the document of assignment exhibit bi recognises the title of the plaintiff to a share in the properties and the parties to the document had without the consent of the plaintiff devised a method of paying him off for the value of his share. ..... died after the hindu succession act. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1975Ker1
..... a very short question is raised for determination in this civil revision petition by a hindu wife governed by the madras marumakkathayam act who married the respondent on 26-4-1970 at guruvayoor situate in what was originally known as south malabar and the husband was admittedly governed by the cochin makka-thayam thiyya act, xvii of 1115, for short, the act. ..... but perhaps it would not be out of place to refer to the wording of section 2 of the cochin thiyya act, viii of 1107. ..... so read 'such thiyyas' must mean such thiyyas as were referred to earlier in the section (thiyyas domiciled in cochin except the chittur taluk who follow makkathayam). ..... that section is in these terms:--'it shall apply to all thiyyas domiciled in cochin other than those who follow makkathayam, and to such thiyyas or others, whether so domiciled or not, as have or shall have marital relation with them. ..... section 2 speaks of 'all thiyyas domiciled in cochin except the chittur taluk who follow makkathayam and to such thiyyas, whether so domiciled or not, as have or shall have marital relations with them'. ..... 'with them' must refer to thiyyas domiciled in cochin except the chittur taluk who follow makkathayam. ..... from the preamble it is clear that the act will apply only to makkathayam thiyyas. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1972Ker185
..... stated:'it is well settled by a series of decisions of the cochin high court that before the enactment of the cochin thiyya act, the makkathayam thiyyas (commonly known in the state as ezhavas) were governed by custom or usage and not by the strict principles of hindu-mithakshara law. ..... the court referred to scctipn 18 of the tra-vancore civil courts act, and held that, by virtue of the said provision and the corresponding provisions contained in the travancore-cochin civil courts act as well as the kerala civil courts act, the court was bound to apply the rules of hindu law, unless there was a custom modifying the same, since the parties were hindus. ..... if a community is governed by a statutory law which came into force after the succession opened, the provisions in the statute would be applied on the assumption that the law enacted by the legislature is in consonance with the custom accepted or acted on by the community or that it is in accordance with the principles of justice, equity and good conscience. ..... i shall quote one passage from a full bench decision of the cochin chief court in 21 cochin 1 (fb), which, in my view, contains a very clear statement of tbe correct legal position. ..... there is a similar provision in section 24 of the travancore-cochin civil courts act, 1951; but there is no such corresponding provision in the kerala civil courts act, 1958. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1968Ker82
..... . are we then to imagine that the customary marumakkattayam law would (even as informed by progressive statutes and progressive notions) be less steeped in maru-makkattalam traditions than the travancore nayar act of 1912, or the malabar nayar act of 1932, or the cochin nayar act of 1938, in the case of the latter two even of today since the presumptions enacted by the madras and cochin statutes are still in force ..... . reference has also been made to section 17 of the act which, it is said, contemplated a nayar female with children having separate property other than self-acquired property--it is said that the words, "self-acquired and separate" occurring in the section must be read as "self-acquired or separate" as in section 14 of the nayar act of 1088, in section 35 of the cochin statute, and in section 25 of the madras statute in which her children have no right and which, on her death, devolves by succession and not by surviorship ..... . it is all a question of intention, and, when the gift is by the husband of the woman the statutes enact a presumption of such an intention -- see for example, section 48 of the madras marumakkattayam act section 41 of the travancore nayar act of 1100 and sections 64 of the cochin nayar act .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker249
..... after the reorganisation of states in 1956, the state of kerala by the kerala joint hindu family system (abolition) act, 1975 repealed the earlier enactments including the travancore ezhava act (1115) and the cochin marumakkattayam thiyya act (xvii) of 1115.8. ..... they include the travancore nayar act ii of 1100, the travancore ezhava act iii of 1100 and the cochin marumakkathayam thiyya act xvii of 1115. 9. ..... firstly, the decree dated 30-11-1985 declares that: (i) the property surrounding the temple, the temple itself and the 'accessories' are the common property of the mundan-thara tarwad which includes the plaintiff and the defendants; and (ii) every member of the tarwad has a right to worship and perform ceremonies in the property set out in the schedule to the plaint, which includes the land surrounding the temple. ..... the nature of the interest of the deceased in the subject-matter of the suit has been referred to by me, for the limited purpose of determining whether the petitioners are the legal representatives and not for the purpose of deciding merits of the case in the appeal.20. ..... the parties to the suit are ezhavas following makkathayam law of succession. ..... admittedly, the plaintiff and defendants are members of the mundanthara tarwad which belongs to ezhava community governed by makkathayam system. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker130
..... there is no provision enacted in distinct terms either in the madras marumakkathayam act or in the cochin nair act as to whether the right to claim a share of a thavazhi is attachable.the right to claim partition is conferred by statute both in the madras presidency and in the cochin state and the language of the statute is identical and there is no difference in this ..... counsel for the appellant drew our attention to 33 cochin 2-15, a case under the cochin thiyya act, viii of ..... the cochin high court has taken a different view and has held that until there is a severance of status, the right to claim a share in partition is not attachable.considering the fact that this court was holding ever since the cochin nayar act, xiii of 1095, came into force, that the right to claim partition was not attachable until a severance of status was effected, we are not disposed to depart from that interpretation of the section and give effect to the different interpretation of the ..... the court surveyed the madras and cochin cases and said ;'so far as the division claimable by a thavazhi of a tarwad is concerned, the law thus appears to be identical and no distinction exists between the madras marumakkathayam act and the cochin nayar act, xiii of ..... right to partition similar to the one conferred by section 38 of the madras marumakkathayam act, 1932, was granted by the cochin nayar act of 1095. ..... now the question is how far this has been altered or modified by the madras maru-makkathayam act xxii of .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker39
..... the learned advocate general urged that the statements occurring in the gazetteers to the effect that the traditional occupation of the thiyyas and ezhavas of toddy tapping has been given up, because of the introduction of prohibition, cannot be accepted.in this connection the learned advocate general referred to the cochin prohibition act, act iii of 1123, as well as the travancore-cochin prohibition act, 1950 (act 13 of 1950), and the madras prohibition act, act x of 1937. ..... regarding the criteria adopted by the state government for coming to the conclusion that the ezhavas are educationally backward, the learned counsel for the petitioners urged that even the percentage of literacy in the 1941 census, and adverted to by the government, will clearly show that the rate of literacy of the ezhavas in the trayancore area was 46.5%; and in the cochin area it was 34-7%: whereas the state average for both those areas in the 1941 census was 55% and 41% respectively. ..... 'again, in the kerala district gazetteer relating to trichur district, at page 208, it is stated :'the ezhavas who follow makkathayam are numerically one of the strongest communities in trichur. .....
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