Judgment :- 1. This is an appeal by the plaintiff from the judgment and decree of the Principal District Munsiff of Quilon in O.S. 611 of 1113 of his Court. 2. The plaintiff alleging that he and defendants 1 to 3 are members of an undivided Marumakkathayam tarwad used to set aside certain alienations and to recover possession of the plaint properties on behalf of the tarwad with mesne profits. The learned Munsiff held that the parties are governed by the makkavazhi system of inheritance and dismissed the suit. 3. Plaintiff and defendants 1 to 3 are members of the Kurava Community. The most important question that arises for decision in this appeal is as to the law that govern the parties viz. whether they are followers of Marumakkathayam law or whether they follow makkavazhi system of inheritance as contended for by the defendants dealt with the question. The evidence of plaintiff's witnesses 1 to 4 and that afforded by Exts. A to F documents executed by some members of the community probabilises the plaintiff's case that the parties follow marumakkathayam system of inheritance. The learned Munsiff says "that mere execution of a few documents will not establish the system of inheritance especially in view of the fact that the parties are completely illiterate. The executants mostly sign away their documents without caring to know their contents". The criticism that the executants mostly sign away their documents without caring to know their contents may with equal force apply to Ext.1 on the basis of which the learned Munsiff finds that the parties are Makkathayees. However we do not think that this is a correct way of appreciation of the documentary evidence that has been adduced in the case. 5. Dr. Kunjan Pillai in the Travancore Volume of the Census of India, 1931 (Vol. XXVIII, Part I, page 383) says: "Kuravas are a class of agricultural labourers found in different parts of the State. They are supposed to be allied to Kurumbas and Vetas. There are three sub-divisions among them, namely, Kunta Kuravan, Kakka Kuravan and Pandy Kuravan, the first being the most important. The Pandy Kuravas are said to have migrated from the Tamil country and resemble the Tamilians in their custom and mode of dress, while the other Kuravas resemble the Malayalis. The Pandy Kuravas are makkathayis and the others marumakkathayies".
There are three sub-divisions among them, namely, Kunta Kuravan, Kakka Kuravan and Pandy Kuravan, the first being the most important. The Pandy Kuravas are said to have migrated from the Tamil country and resemble the Tamilians in their custom and mode of dress, while the other Kuravas resemble the Malayalis. The Pandy Kuravas are makkathayis and the others marumakkathayies". M.P. Joseph in his book on the Principles of Marumakkathayam Law at page 452 says:- "The Kuravas, they are a class of field labourers found mostly in Kunathoor, Kottarakara, and Chirayinkil Taluks. They are governed by the Marumakkathayam Law of Inheritance". The views expressed by these learned authors also lend support to the case of the plaintiff. 6. We are satisfied that there has not been a proper consideration of the question involved which is one of great importance to the community concerned. The learned Advocates on both sides agree that the case may be remanded to the court below for fresh enquiry and decision. In the circumstances of this case we think that this is the right course to be adopted. 7. We set aside the decree of the court below and remand the case for trial and decision de novo. The parties will be at liberty to let in fresh evidence. The costs here will be costs in the case. Case remanded.