SRI RAJA ROW VENKATA MAHIPATHY GANGADHARA RAMA RAO BAHADUR Vs. SRI RAJA VENKATA MAHIPATHY SURYA RAO BAHADUR GARU ALIAS SRI RAJAH RAO VENKATAKUMARA MAHIPATHY SURYA RAO BAHADUR GARU, RAJAH OF PITTAPUR

JUDGEMENT

(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 Mitakshara law. The plaintiff s father was adopted by the late Zamindar who died in the year 1890, having executed testamentary instruments 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 plaintiff s 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 plaintiff s father sued to recover the Zamindary denying that the defendant was the late Rajah s 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 plaintiff does not admit that the defendant is a natural son of the late Rajah and that himself and the defendant are members of an undivided family.