RAMAPRASADA RAO J.:- The short question in this appeal is whether the Hindu Succession Act, 1956, which was extended to the State of Pondicherry has to prevail in the matter of succession to the estate of a Christian which is claimed by the heirs who are still Christians.

2. The plaintiff is the son of Pascal Theodore and the defendant is one of his daughters. The plaintiff filed the present suit for a declaration that he is entitled to succeed as the sole heir of Pascal Theodore to the exclusion of his sister and prayed for the necessary reliefs. The defendant, however, on the prima facie assumption that after the induction of the Hindu Succession Act 1956 into the State of Pondicherry, she would also be entitled as one of the class I heirs, resisted the claim. The following issues were framed:

1. What is the success oral law applicable to the parties?

2. Whether according to that law the plaintiff is the sole heir of his deceased father Theodore Pascal; and

3. What relief the parties are entitled to? The learned Judge found that under provisions of the Hindu Succession Act itself the law of succession applicable to the parties to the litigation is the Hindu Customary law pr