( 1 ) THIS second appeal is by the plaintiff being aggrieved by the judgment and decree passed by the Principal District Judge, Hassan in r. A. No. 22 of 1995 confirming the judgment and decree passed by the civil Judge (Senior Division), Holenarasipura in O. S. No. 56 of 1991.

( 2 ) THE parties are referred according to their rank before the Trial court. Plaintiff filed a suit before the Civil Judge (Senior Division), holenarasipura seeking for declaration to declare him as the absolute owner in possession of the suit schedule properties stating that it is his self-acquired properties and also sought for a permanent injunction. The said suit was resisted by the respondent/defendant on the ground that though they belong to Roman Catholic Christians, customarily they were bound by the principles of Hindu Law in the matters of succession. Further, it is alleged that all the suit schedule properties are ancestral and coparcenary in nature and defendant was one of the co-owner, as such, the suit is not maintainable for injunction. Based on the pleadings, the Trial Court has framed as many as seven issues and after evidence was let in and after hearing the parties, the suit of the plaintiff was dismissed. Aggrieved by the same. R. A. No. 22 of 1995 was preferred before the Principal District Judge, Hassan which also came to be dismissed on 18-1-2000. Hence, this second appeal by raising several substantial questions of law.

( 3 ) AT the time of admission on 22-5-2000, the following substantial questions of law were raised by this Court:"1. Whether the Notification dated 23-7-1868, No. 204 exempting "all Native Christians in the State of Coorg from the operation of specified sections of the Indian Succession act, 1865", issued in the Gazette of India by the Governor general of India in Council in exercise of authority provided to him under Section 332 of the Indian Succession Act, 1865, remains in force and full effect in view of the provisions of section 3 (1) and 3 (2) of the Indian Succession Act, 1925 ? 2. Does the notification referred to immediately herein supra stand impliedly repealed by the provisions of Section 392 of the Indian Succession Act, 1925 upon its introduction? 3. Did the substantive provisions contained in the aforesaid notification constitute breach of Articles 14 and 15 of the constitution of India and thus become unconstitutional by application of the doctrine of eclipse enshrined in Article 13 (1) and 13 (3) of the Constitution of India? 4. Whether the notification referred to herein supra was deemed to be adapted and continued in terms of the adaptations of Law Order, 1950 by exercise of authority under Article 372 of the Constitution of India? 5. Whether the custom of applying the principles of Hindu Law in matters of partition, succession etc. by Christians converts from Hinduism, allegedly prevalent in those areas of Hassan District in Karnataka is constitutional or unconstitutional? 6. Does the application of the substantive provisions of the notification referred to herein supra extend to the territories over which the Trial Court viz. , the Hon'ble Civil Judge (now civil Judge, Senior Division), Holenarasipura and Principal district Judge, Hassan District exercise jurisdiction? heard the Counsel for the respective parties. "

( 4 ) LEARNED Counsel appearing for the appellants submitted that the 1868 Notification referred exempts all native Christians in the State of coorg from the operation of Indian Succession Act, 1865 and cannot be extended to the Mysore Province as it was under the control of Maharaja of Mysore and it has formed part of the State and more particularly, it was argued that this area of Hassan, especially Channarayapatna from where the case arises for consideration was not part of Mysore Province at the relevant point of time. Further, by an Instrument of Transfer dated 1-3-1881 Mysore territory was handed over to the Maharaja of mysore by the then British Government and such notifica

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