ISSAC Vs. ELAMMA

JUDGEMENT

(1.) This Second Appeal under S. 100 of the Code of Civil Procedure is filed against the concurrent decisions of the Courts below passing a preliminary decree for. partition of the separate estates of a husband and wife to whom "The Christian Succession Regulation", Regulation II of 1092 Malayalam Era, enacted by His Highness the Maha Raja of Travancore, on the 21st December 1916 corresponding to 7th Dhanu 1092 M.E. had applied so long as the said law was in force. The said Regulation is often called the Travancore Succession Act, 1092 and is hereinafter referred to as the "Travancore Act" for short.

(2.) The first appellant is the son and respondents 1 and 2 are the daughters of the said couple. Appellants 2 and 3 are the sons of the first appellant. The third respondent is stated to be an assignee under the appellants.

(3.) Respondents 1 and 2 filed the suit seeking partition, their father having died in the year 1975 and the mother in the year 1978. A preliminary decree for partition was passed, following the law laid down by the Hon'ble Supreme Court of India in Mary Roy v. State of Kerala, 1986 KLT 508 : AIR 1986 SC 1011 , holding the suit property to be partible at the instance of respondents 1 and 2. That preliminary decree has been confirmed in first appeal. This Second Appeal is against such decree. Respondents 1 and 2 have appeared through counsel.