TaxTMI 
TaxTMI 
1941 (10) TMI 6
X X X X Extracts X X X X
X X X X Extracts X X X X
....operty though impartible. The two plaintiffs are the illegitimate sons of one Venugopal, younger brother of Rajagopala, the defendant's grandfather, who was a previous holder of the impartible estate. The plaintiffs' mother, though not married to Venugopal, cohabited with him in a manner exclusive and continuous so as to be a dasi within the meaning of the text of the Mitakshara (chapter 1, section 12, verse 2) which confers certain rights of inheritance upon the sons of Sudras if born of such a union. The meaning and effect of this passage in the Mitakshara were much considered by the Board in ('90) 18 Cal. 151 : 17 IA 128 : 5 Sar. 596 (PC), Jogendra Bhupati Hurro Chandra Mahapatra v. Nityanund Mansingh and ('31) 18 AIR 193....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the concurrent findings of the Courts in India. Hence custom as a ground of claim goes out of the case. The claim under the deed of 1889 depends upon the question whether the plaintiffs are within the words purusha santhathi (male descendants) as they occur in a clause which provides that on the death of Venugopal his male descendants shall in perpetuity be paid the amount of the allowance of Rs. 1000 which had by the deed been made payable to him for life. It is unnecessary to set out the deed at length or to describe in detail the circumstances in which it came to be entered into; just as it is unnecessary that their Lordships' should endeavour to set forth the various considerations which may bear more or less effectively upon the....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Yachendrulu, Sri Venkatakrishna Yachendrulu and Sri Venugopala Krishna Yachendrulu there be more than one male member, such males, and their purusha santhathi shall take the said allowance amount of Rupees one thousand in proportion to their respective shares, in the same manner as they would respectively take their other properties separately by way of inheritance according to the Hindu law. Moreover, if in any of the aforesaid three branches of our family . . . any male should die without purusha santhathi, either by way of aurasa or by way of adoption, the allowance amount that was being received by the person who bo died without purusha santhathi shall go to the gnatis (agnates) who are nearest to him in his own branch according to Hin....
X X X X Extracts X X X X
X X X X Extracts X X X X
....y the man himself on his lawful wife : of lower kinds once recognized several were not sons in any physical sense, e. g., the putrika putra or son of an appointed daughter (Mayne: Hindu Law and Usage, Edn. 6, 1900, S.67-68, pp. 79, 80). Their Lordships think that the deed of 1889 provides its own guide to the meaning of the words " purusha santhathi " and that in the language of the deed Venugopal's branch became extinct on his death. The interesting question which remains is whether the plaintiffs are entitled to maintenance from the impartible estate on the ground that it is the prima facie right at law of all junior male members of the family to be maintained out of impartible estate which is family and not separate property. The ....