Judgment

GAJENDRAGADKAR, C.J.I. : This is a writ petition filed under Art. 32 of the Constitution by which the eight petitioners challenged the validity of S. 87-B of the Code of Civil Procedure. These petitioners claim that they and respondent No. 2. His Highness Maharaja Kirit Vikram Kishore Deb Varma, are members of a joint Hindu family governed by the Dayabhaga School of Hindu Law. Under a family custom which it is alleged, has prevailed in this family for centuries, the Raj as well as the Zamindari properties belonging to the family are held by a single individual and the others members of the family are entitled to maintenance according to the status of the family with the right to succession to the Raj as well as the Zamindari properties under the general rules of succession which prevails and which is not inconsistent with the family custom. The head of the family was, by family custom, called the Chief and he was chosen from among the members of the Ruling Deb Barban family and used to the installed on the Gaddi or Thorne. The petitioners further alleged that the Ruler when so chosen and installed held the State and Zamindari as a life tenant subject to the usual charges fo