Judgment

RAMASWAMI, J.: This appeal arises out of a suit O.S. No. 351 of 1952 filed for partition by 7 plaintiffs, viz., (1) Sri Raja Venkata Kumara Krishna Yachendra, (2) Sri Raja V. V. Ramakrishna, (3) Sri Raja V. V. Rajagopala Krishna, (4) Sri Raja V. V. Muvva Gopala Krishna, (5) Sri Raja V. Rajeswara Rao, (6) Sri Raja V. Maheshwara Rao and (7) Sri Raja V. Madana Gopala Krishna, minor by next friend and mother Smt. Sridevamma in respect of the Venkatagiri Estate and other properties as accretions to this estate. The first defendant in the suit was the holder of the Zamindari until it was notified and taken over by the State on September 7, 1949. The 3rd and 4th defendants are brothers of the first defendant. The third defendant died during the pendency of the suit and defendants 7 and 8 are his sons. Defendants 4, 5 and 6 are the sons of the 4th defendant. The 9th and 10th defendants are the sons of the 1st defendant. The 4th plaintiff Sri Raja V. V. Muvva Gopala Krishna died during the pendency of the appeals against the suit in the High Court of Madras. After the filing of the petition of appeal in this Court, Sri Raja V. Maheswara Rao, the 6th plaintiff, also died. The relationship of the parties will appear from the following pedigree:-

2. The Venkatagiri Estate is an ancient impartible estate in Nellore district included Impartible Estates Act (Act II of 1904). In the year 1878, Raja Velugoti Kumara Yachema, who heads the above pedigree, was the Zamindar. He had seven sons of whom three had been given away in adoption. The eldest of the sons was Rajagopala Krishna to whom Raja Velugoti Kumara Yachama handed over the entire estate and certain other properties with a view to spend the rest of his life in piety and meditation. In 1889, Muddukrishna and Venkata Krishna, two of the sons, claimed a share in the estate contending that the estate was partible and the four sons were each entitled to a fourth share in the family properties. Rajagopalakrishna, however, asserted its impartible character. Ultimately, there was settlement between the parties wherein Muddu Krishna and Venkata Krishna withdrew their claim to partition and recognised the impartible character of the zamindari. The settlement involved the payment of large sums of money by Rajagopala Krishna to his three younger brothers Muddu Krishna, Venkata Krishna and Venugopal. Venugopal was then a minor and was represented by the father Raja Velugoti Kumara Yachema himself. The terms of the settlement were embodied in a stamped document bearing the date April 8, 1889. Its terms may be summarised as follows: (a) recognition by all the brothers that the Venkatagiri Estate was impartible with descent along the eldest line, that is, by Rajagopala Krishna the then Zamindar and after him by his son, son s son and so on in the eldest male line; (b) the three brothers of the then Rajah. Muddukrishna, Venkata Krishna and Venugopal, should each receive a sum of Rs. 5,81,252-11-10; (c) Mudda Krishna, Venkata Krishna and Venugopal should also receive a sum of Rs. 40,000 each for providing themselves with residence; (d) a provision for the marriage expenses of Venkata Krishna and Venugopal; and (E) provision that Rajagopala Krishna and his successors to the estate should pay to Muddukrishna, Ventaka Krishna and Venugopal a sum of Rs. 1,000 each per mensem for life and on their death a similar amount to their male descendants (Purusha Santhathi) by way of allowance, the amount payable to each branch being Rs. 1,000 irrespective of the number of descendants.

3. Venugopal, the last of the four brothers, never married and plaintiffs 5 and 6 to the suit are his illegitimate sons. In 1932 plaintiffs 5 and 6 instituted a suit against the Estate (O. S. No. 30 of 1932) claiming maintenance allowance and relying upon the agreement of 1889 and in the alternative on custom and Hindu Law. The Subordinate Judge found that custom was not proved and that they were not entitled to maintenance under