1991 (3) TMI 401 - HC - Indian Laws

Summary

Issues:
1. Application of traditional Hindu Law of Kerala to determine legal representatives.
2. Interpretation of Marumakkathayam Law in the context of succession.
3. Application of Kerala Joint Hindu Family System (Abolition) Act 1975.
4. Definition of legal representatives under the Code of Civil Procedure.
5. Analysis of the deceased's estate and representation by the petitioners.

Analysis:

Issue 1: Application of traditional Hindu Law of Kerala
The judgment addresses the question of applying traditional Hindu Law of Kerala to determine the legal representatives of the deceased plaintiff. The court delves into the specifics of the case involving the Mundanthara tarwad and the rights of worship and property surrounding a temple.

Issue 2: Interpretation of Marumakkathayam Law
The judgment explains the Marumakkathayam Law, highlighting its foundation on Matriarchy and descent through the female line. It contrasts this system with other schools of Hindu Law and discusses the constitution and rights within a tarwad under Marumakkathayam Law.

Issue 3: Application of Kerala Joint Hindu Family System (Abolition) Act 1975
The court discusses the impact of the Kerala Joint Hindu Family System (Abolition) Act 1975 in abolishing the Marumakkathayam system's concepts of succession through females and the constitution of tavazhis and tarwads. It emphasizes the shift to the Hindu Succession Act 1956 as the governing law for Hindus in Kerala.

Issue 4: Definition of legal representatives
The judgment analyzes the definition of "legal representatives" under the Code of Civil Procedure, expanding it to include heirs of the deceased. It clarifies the concept of estate and the representation of such estate by the legal representatives.

Issue 5: Analysis of the deceased's estate and representation by the petitioners
The court determines whether the petitioners qualify as legal representatives of the deceased based on the Hindu Succession Act. It examines the petitioners' status as heirs under the Act's succession rules, ultimately concluding that they represent the estate of the deceased plaintiff.

In conclusion, the judgment allows the revision petition, setting aside the learned District Judge's order and directing the petitioners to be brought on record as the legal representatives of the deceased plaintiff.