COMMON JUDGMENT

These Second Appeals have been filed against the judgment and decree passed by the Principal District Judge, Kanyakumari District at Nagercoil in A.S.Nos.18 and 20 of 1993, dated 15.12.1995, pursuant to the judgment and decree passed by the Subordinate Judge, Padmanabhapuram. in O.S.No.43 of 1985, dated 27.11.1992.

2. While admitting these second appeals, this Court, on

31.03.1997, framed the following substantial questions of law:

(i) Whether the finding of the lower Court that the share of Arulappan the father of Yestak Nadar who died in the year 1941 devolved not only to his son Yestak Nadar but also to his wife and daughters under the provisions of Travancore Christian Succession Act is correct?

(ii) Whether the determination of share to the plaintiff and defendants 4 to 6 is against Travancore Christian Succession Act in respect of succession which opened prior to

01.04.1951?

3. When the matters came up for hearing today, after making the submissions, by referring to the Indian Succession Act, 1925 as well as the Travancore Christian Succession Act, both the learned counsel appearing for the appellants as well as the respondents narrow down the issues and the learned