J RAMAYYAN Vs. J PALAYYAN

JUDGEMENT

(1.) THIS second appeal is directed against the judgment of the learned Subordinate Judge in AS No.9 of 1982 dated 13.8.84 confirming that of the learned Additional District Munsif, Padmanabhapuram, in OS No.60 of 1981 dated 8.12.81.

(2.) THE first defendant in the suit is the appellant in the present second appeal.

(3.) AS a result of the said judgment of the Supreme Court, the judgment of the lower Appellate court holding that the parties are governed by the Travancore Christian Succession Regulation Act cannot be sustained. The parties have to proceed only in the manner as provided under the provisions of Indian Succession Act with reference to the right of the fourth defendant being the widow of Joseph Nadar. Her rights have to be determined in accordance with section 33 and 33-A of the Indian Succession Act, which has not been taken into account in view of the conclusion of the courts below that only the Travancore Christian Succession Regulation Act will apply to the parties.