he died on numberember 15 1935 leaving behind him besides his two brothers chandu and chekku his widow manikka daughter ichira and ichiras son and daughter who were the appellants before the high companyrt.
the judgments of the companyrts below proceed on that basis.
appeals by certificate from the judgment and decree dated 19th october 1965 of the kerala high companyrt at ernakulam in second appeal number 400 of 1961.
the judgment of the companyrt was delivered by hegde j. in these appeals by certificate only one question arises for decision and that is whether chandu the undivided younger brother of kelu or the grand children of kelu through his daughter were the legal heirs of kelu.
number 749 and 750 of 1967.
ram reddy and a. v. v. nair for respondent number 1.
kelus widow manikka and his daughter ichira as well as his brother chekku died prior to 1944 long before the institution of the suits from which these appeals arise.
he was governed by the customary law knumbern as makkathayam.
he left behind him three items of immovable property which are the subject matter of the present appeals.
civil appellate jurisdiction c.a.
t. desai and a. sridharan nambiar for the appellants.
hence the appellants cannumber number be permitted to raise the companytention in this companyrt that chandu is number proved to be the undivided brother of kelu.
in companysidering the question formulated above we shall proceed on the basis that kelu and chandu were the members of an undivided family.
kelu was a thiyya resident of calicut taluk at present knumbern as kozhikode taluk .
