Hegde, J. - (1.) A common question arises for decision in these appeals by special leave. That question is as to who is the legal heir of the deceased Kochan Kani. Kunjuraman Kani, the son of the deceased Kochan Kani (who will hereinafter be referred to as the appellant) claims that he is the legal heir. On the other hand Mathevan Kani (who will hereinafter be referred to as the respondent) the brother of the deceased Kochan Kani claims that he is the legal heir. According to the respondent the deceased was governed by Marumakkathayam law but according to the appellant he was a Makkathayee. Both Marumakkatham system as well as Makkathayee system are customary laws.
(2.) After the death of Kochan Kani the revenue authorities came to the conclusion that the appellant was entitled to the estate of his father. Thereafter the respondent filed O. S. No. 74 of 1956 on the file of the Second Additional District Judge, Trivandrum against the appellant and his step mother seeking a declaration that he was entitled to the transfer of the registry in his name as the legal heir of the deceased Kochan Kani. That suit was dismissed by the trial court but on appeal the High Court of Kerala reversed the decree of the trial court and decreed the suit in favour of the respondent. Civil Appeal No. 924 of 1966 is directed against that Judgment.
(3.) The respondent and some of the alienees from him instituted O. S. No. 78 of 1959 against the appellant in the court of Additional Sub-Judge, Trivandrum for a declaration of the title of the respondent in the properties mentioned in that suit and for the possession of the same on the ground that those properties belonged to the deceased Kochan Kani and after his death they had devolved on the respondent. That suit was decreed by the trial court. As against that decision, the appellant appealed to the High Court of Kerala in A. S. No. 469 of 1964 on its file. That appeal was dismissed. Thereafter the appellant has appealed to this Court in Civil Appeal No. 925 of 1966.;