BASI REDDY, J.

( 1 ) DO earnings from "sishya Sancharam" constitute joint family property? Is the occupation of sishya Sancharam" heritable and partible?. Is it a justiciable right? these are the important questions that fall for determination in this case. I think they merit consideration by a Division Bench. Post this appeal before a bench. (Then the case came before Basi Reddy and Sharfuddin Ahmed, J ] order (Order of the Bench delivered by Basi Reddy, J.) under Rule 2 of the Appellate Side Rules we refer the following questions of law for determination by a Full Bench:1. Is the avocation of "sishya Sancharam" office or property and is it heritable and partible? Is it a justiciable right? 2. Do earnings from sishya Sancharam constitute joint family property ? the question whether shisya Sancharam is an office or the property within the meaning of Sec. 9 C. P C , will have to be determined with reference to the funcitions of Shisya Sancharam- If, according to the evidence in this case, it does not require any special learning, moral or spiritual attainmemt and can be equated with the duties of a priest Purohit or Archaka in a religious institution, it can be held to be an office following the line of Bombay decisions. The other aspect is that it is an avocation meant only for those who are entitled to it by their learning detachment, moral and spiritual eminence as it involves the preaching of a particular doctrine. In a remote manner, it might be compared with the Office of Kazi or Mutawalli under the Muslim law. In that event it cannot be held to be an office or the property that is hereditable and partible. I agree with my learned brother that the matter deserves consideration by a further Bench.

( 2 ) WHEN this appeal came up before Basi Reddy, J, he referred the matter to a Bench, as an important question relating to Sishya Sancharam fell for consideration. The Bench, consisting of himself and Sharfuddin Ahmed J. , having regard to its importance, referred the following two questions to a full Bench, namely, 1. Is the avocation of Sishya Sancharam an office or property and is it heritable and partible? Is it a justiciable right? 2. Do earnings from Shhya Sancharam constitute joint family property? at the very outset it appeared to us, and the learned advocates for the appellants and the rrspondent agreed, that as the several aspects of the matter which fall for consideration drpcnd on evidence relating to the custom and usage in regard to Sishya Sancharam, the whole case will have to be heard, and we accordingly permitted the learned advocates to argue the entire appeal, the respondent, who is the widow of one late Butchayyavarlu, son of the 1st defendant, Tiruvenkatachariar, filed the suit against her father-in law, his son and his son s son, who are respectively appellants 1, 2 and 3 herein, for partition of the joint family immoveable properties in the plaint A schedule, the utensils etc. , in B-schedule and the amount from moneylending business specified in C-schedule, on the allegation that the members of the joint family who are religious Gurus of Vaishnavities, has the hereditary occupation of sishya Sancharam, from which they obtain or acquire cash, silverware, jewels and other valuables from Sishyas according to their status in token of having received Upadesam from the Guru which will be done after Samarayanam, when Chakrankitas (i c. , wheel and conch) are impressed on the shoulders of the Sishyas. This income as and when it is received, according to the plaintiff, is used for the benefit of the members of the family and is joint family property. The 1st defendant and the plaintiff s husband it is stated, used- to go on Sishya Sancharam The plaintiff also, after the marriage, used to accompany them. The 2nd defendant-appellant is a violin artist in the All india Radio, Vijayawada. The plaintiff averred that she was also given some guru Daksihina by the Sishyas and that the annual income of the family fr