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1915 Supreme(Mad) 132

S.NAIR, OLDFIELD
Sri Rajah Row Venkata Mahipaty – Appellant
Versus
Sri Rajah Venkata Kumara Mahipaty – Respondent


JUDGMENT

Sankaran Nair, J.

1. These are appeals from the decree of the Subordinate Judge, Rajahmundry, directing the defendant, the Rajah of Pittapur, to pay to the plaintiff the sum of Rs. 46,250 for maintenance.

2. The zemindary of Pittapur is an impartible estate descending by lineal primogeniture but otherwise governed by the Mitalcshara Law. The plaintiffs father was adopted by the late zemindar who died in the year 1890, having executed a testamentary instrument disposing of all his properties in favour of the defendant, who also claims to be the natural son of the testator. The late Rajah had previously entered into an agreement with the plaintiffs father in 1882, whereby he had agreed to pay him Rs. 1,500 per month and a lump sum of Rs. 6,000 a year. The Will confirmed that arrangement. On the death of the Rajah the plaintiffs father sued to recover the zemindary, denying that the defendant was the late Rajahs natural son, and also the validity of the Will. But the suit was finally dismissed by the Judicial Committee on the ground that the Will was valid.

3. The plaintiff claims maintenance from 1902, when he ceased to be maintained by his father. It will be noticed that the pl

















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