Mockett, J.

1. I concur generally with the judgment which my learned brother is about to deliver, and I am not proposing to restate the facts which are clearly set out in the judgments of the learned Trial Judge and of my learned brother. I desire however to deal with the important question raised by issue 11 in this case which is:

Whether the late G.M. Appalaswami Naidu was a Roman Catholic, not governed by Hindu Law, at the time of his death.

2. After discussing the evidence his Lordship continued.

3. But the whole evidence points to the conclusion that so far as he was concerned - and I use that expression advisedly - he abandoned the Christian religion at the time of his marriage to Appalanarasamma in 1913 and lived and worshipped as a Hindu up to the time of his death and was cremated. None of the defendants have gone into the witness box to deny any of the facts proved by the plaintiff, and it must be emphasised that it has never been suggested from the Bar, although we asked the question, that this was a suit in which the plaintiff and defendants were colluding together to defeat alienees. We obtained that definite assurance because it naturally would be an important ele