Marumakkatayam devolution depends on surrounding circumstances, not a rigid Muhammadan-law presumption in North Malabar tarwad cases.

Devolution of a deceased owner's property among Muhammadans in North Malabar is not determined by a rigid presumption of Muhammadan law alone. Where the surrounding facts show membership of a Marumakkatayam tarwad and the manner of enjoyment supports that character, the applicable rule is the Marumakkatayam rule. On the facts stated, the property was treated as governed by Marumakkatayam law, and the deceased's self-acquired property passed to the tarwad.

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Issues: Whether the devolution of the deceased owner's property was governed by Muhammadan law or by the Marumakkatayam rule.

Analysis: Where the property in question belonged to a person admittedly governed by Muhammadan law, the applicable presumption is in favour of Muhammadan law; but that presumption is not absolute, and in cases involving Muhammadans in North Malabar who are members of a Marumakkatayam tarwad, the governing rule depends on the surrounding circumstances of each case. On the facts found, the property had to be considered in the light of its enjoyment and the surrounding circumstances, and the conclusion reached was that the deceased was governed by the Marumakkatayam rule.

Conclusion: The property devolved under the Marumakkatayam rule, and the deceased's self-acquired property passed to the tarwad.

Ratio Decidendi: The applicable rule of devolution in such family property disputes depends on the proved circumstances and not on a rigid presumption of Muhammadan law merely because the parties are Muhammadans.

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