GOVIND POTTI GOVINDAN NAMBOODIRI vs KESAVAN GOVINDAN POTTI & ORS.

The Supreme Court held that Malayala Brahmins are governed by Hindu Law unless proven otherwise, and that the Kerala Nambudiri Act, 1958, specifically Section 13, allows members of an illom to claim partition on a per capita basis. The Court found that the plaint A schedule properties were common illom properties, while the plaint B schedule properties were acquisitions made by the testator, which could be considered illom properties if acquired with the aid of illom properties. The appeal was dismissed, affirming the High Court's ruling that there was insufficient evidence to establish the properties as illom properties for maintenance purposes.