RAGHUBAR DAYAL, - (1.) THE following Judgment of the court was delivered by
(2.) THESE appeals arise out of the order of the tribunal appointed under s. 8 of the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Madras Act XXVI of 1948), hereinafter called the Act, apportioning the advance compensation given and interim payments made in connection with the vesting of the Venkatagiri Estate in the government of Madras as a result of a notification issued under sub-s. (4) of s. 1 of, the Act from the notified date, i.e., 7/09/1949. The Act received the assent of the governor General on 2/04/1949 and some of its sections, including ss. 4 and 8, mentioned in sub-s. (4) of s. 1, came into force at once. The other S. came into force with respect to the Venkatagiri Estate from the notified date. With effect from the notified date, i.e., 7/09/1949, the entire Venkatagiri Estate stood transferred to the government and vested in it by reason of s. 3(b) of the Act. Section 39 provides for the Director of Settlements to determine the basic annual sum in respect of the estate and also the total compensation payable in respect of the estate, in accordance with the provisions of the Act. Section 54-A provides that the government shall estimate roughly the amount of compensation payable in respect of the estate and deposit one-half of that amount within six months from the notified date in the office of the tribunal as advance payment on account of compensation. Subs. (2) of s. 50 provides for the deposit of interim payments by the government during the period between the notified date and the final determination and deposit of the compensation payable in respect of the estate. In respect of the Venkatagiri Estate, the government deposited Rs. 12,11,419.00 as and by way of advance payment of compensation, after deducting Rs. 7,28,500.00 payable to the government by the Estate for peishkush out of the sum of Rs. 19,39,919-8-0, half of the estimated amount of compensation payable. The government also deposited as interim payment Rs. 1,55,194.00 for each of the Fasli years 1359 to 1362 F. It is the distribution of these amounts in deposit as advance payment of compensation and interim payments, which is the subject matter for determination in these appeals. To understand the various claims for payment out of these deposits, the following genealogical table will be helpful: JUDGEMENT_842_AIR(SC)_1963Image1.jpg
(3.) THE Venkatagiri Estate is an ancient estate in North Arcot and the necessary history of the estate for the purposes of this case is contained in the document Exhibit A-1 with which we now deal. Kumara Yachendra Bahadur Varu, who tops the genealogical table noted above and his four sons mentioned therein, are parties to this document. Kumara Yachendra Bahadur Varu represents also his minor son Venugopala Krishna Yachendra. THEdocument recites that the estate had been made over in 1878 to Rajagopala Krishna Yachendra, the eldest of the four brothers, by their father Kumara Yachendra Bahadur Varu, the then Rajah, as he wanted to devote himself to offering prayers to God for obtaining salvation. He was said to be the sole heir to the estate, as Venkatagiri Zamindari was an impartible estate and succession to it was governed by the rule of lineal primogeniture. In 1889, two of the brothers, Venkata Krishna Yachendra' and Muddukrishna Yachendra, expressed a desire for the partition of the estate. THE then Rajah, i.e., Rajagopala Krishna Yachendra, the eldest brother, asserted that it was not liable for partition. THE four brothers then consulted their father and he told them : `that the Venkatagiri Zamindari was originally acquired by the valour of our ancestors in warfare, that the Zamindari is ancient, that it is an Impartible Estate which has to pass in the order of primogeniture, that at the time when the Sannad Istimdar Milk was given to the Raja of Venkatagiri who was ruling at the time of the permanent settlement th e Peshkush was settled for this Venkatagiri Samasthanam on the amount which was being paid as tribute and on the entire expenses relating to military assistance that was to be rendered to the Nawab's government which was in power previously that for this reason this Venkatagiri Samasthanam is not at all partible that the immovable properties relating thereto and also other immovable properties acquired with the income of the said Samasthanam are not liable for partition that this is his opinion in regard to immovable properties........ The father suggested partition of certain other property. The terms of the final settlement between the father and his four sons are then noted. They may be briefly mentioned. (1) As the Venkatagiri Estate is an Impartible Estate and it passes to the eldest son by the rule of lineal primogeniture, the said Estate, the immovable properties pertaining to it and other immovable properties acquired with the income derived from the said Estate will be enjoyed by the Rajah, the eldest brother, and after his death his sons and grandsons and so on in succession shall enjoy, always the eldest male being the heir. (2) If in the line of the said Rajah, his natural sons or adopted so s do not have male issue and that line stops short, then the properties shall be enjoyed by him who is the nearest heir and who is also the eldest to whom the impartible properties of the family pass according to law and custom and the same shall be enjoyed by his successors. (3) The said Estate, all the properties pertaining to it, the title, power, privileges, all these shall be enjoyed fully and with all powers according to law and custom by the respective individuals who would be ruling at the respective periods subject to the condition of payment of allowances to other members of the family from the income derived from the Estate and from the properties in a manner befitting their respective status. (4) The allowances were settled as follows Each of the brothers was to get Rs. 1,000.00 per mouth for the rest of his life. After the death of each of these brothers, his male heir would continue to get this allowance of Rs. 1,000.00 per month. This amount of Rs. 1,000.00 would be distributable between such male heirs and their male issues, according to Hindu Law. If the male member died without leaving a natural son or an adopted son, the allowance was to pass the nearest agnates of the same branch according to Hindu Law and in case he left a wife or wives who had to be paid maintenance, their maintenance would be a liability on such agnate. It was further provided that if any of the three lines of the family ceased for want of male issue, i.e., whether natural or adopted son, then subject to the condition that the wife or wives of the surviving male member of that branch who dies last shall be paid for their life-time as maintenance a sum of Rs. 500.00 being one half of the entire allowance of Rs. 1,000.00 that was being paid to the said male member, the allowance which was being paid to that branch would entirely cease. This document has been acted upon. ;