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1927 Supreme(Mad) 303

PHILLIPS
Rajah D. K. Thimmanayanim Bahadur – Appellant
Versus
Rajah Damara Kumara Venkatappa – Respondent


JUDGMENT

Phillips, Offg. C.J.

1. All these appeals relate to the recovery of allowances payable out of the Kalahasti estate. Appeals Nos. 28, 39 and 387 are from O.S. No. 50 of 1916 and 58, 69 and 70 are from O.S. No. 86 of 1916 and all relate to the allowance payable to one Chennappa, the father of the plaintiff, in O.S. No. 86 of 1916; whereas the remaining appeals, Nos. 280, 288, 352 and 353, relate to an allowance granted to one Lakshmikantamma, widow of the Rajah Venkatappa, by his will in 1894. These latter will be dealt with after considering the first batch of appeals. One Venkatappa, Rajah of Kalahasti, died in 1881 leaving a will whereby he left the estate to his eldest son Muthu Venkaappa and granted allowances to his other sons. In 1890 the second son Timma filed a suit against Rajah Muthu Venkatappa for partition of the estate alleging that it was joint family property and not an impartible estate. This suit was compromised and a decree passed therein on 30th March 1893, whereby it was decreed that the estate was impartible and certain allowances were fixed for each of the brothers and their male descendants and made payable out of the estate The allowance was then fixed





























































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