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1935 Supreme(SC) 52

Somasekhara Royal and others – Appellant
Versus
Sugutur Mahadeva Royal and others – Respondent


Advocates Appeared:
P.V. Subba Row, L. DeGruyther , C. Chinna Durai, A.M. Dunne

Lord Thankerton:-

In the present appeal the appellants are members of the family of the Panganur Zamindar. On his death during this suit they have been substituted for him and now represent the impartible estate. They are defendants in a suit brought by respondent 1, who is a member of the same family being the third son of a predecessor in the ownership of the impartible estate. He is seeking to recover certain allowances or sums, in the first place, in the form of maintenance at the rate of Rs. 100 a month and, secondly, at the rate of Rs. 125 a month in lieu of certain lands which were given to him, whether for maintenance or not, under the will of his father. The only ground of defence which is raised by this appeal is to the effect that in the year 1907 the plaintiff, the respondent, was adopted by a lady in the Bombay Presidency, both parties being Lingayats. The Panganur family are resident in the Madras Presidency and the ground of defence is that having been adopted by this lady in North Kanara in the Bombay Presidency, he thereby ceased to be a member of the Panganur family and loses any right or claim to the moneys or allowances in question. North Kanara was transferred f



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