Judgement

Consolidated Appeals (Nos. 38 and 39 of 1940) from a decree of the High Court (February 10, 1939), which varied a decree of the Court of the Subordinate Judge of Nellore (March 18, 1936).

The following facts are taken from the judgment of the Judicial Committee. The questions in this case arose within a Sudra family of which the defendant (appellant), the Raja of Venkatagiri, was the head. He was the present holder of the impartible estate which went by that name, having succeeded to his father in 1937 while the present suit was pending in appeal before the High Court of Madras. The estate was admittedly joint family property though impartible. The two plaintiffs (respondents) were the illegitimate sons of one Venugopal, younger brother of Rajagopala, the defendants grandfather, who was a previous holder of the impartible estate.

The claim of the plaintiffs, brought by a suit of July 4, 1932, was threefold. First, they said that by the terms of a deed dated April 8, 1889, they were entitled between them to an allowance of Rs. 1000 per month payable by the defendant as holder of the impartible estate. Secondly, they claimed that by custom maintenance was payable to them as