RAJAH VELUGOTI KUMARA KRISHNA YACHENDRA VARU Vs. RAJAH VELUGOTI SARVAGNA KUMARA KRISHNA YACHENDRA VARU

JUDGEMENT

(1.) THE Judgment of the court was delivered by

(2.) THIS appeal arises out of a suit 0. S. 351 of 1952 filed for partition by 7 plaintiffs viz : (1) Sri Raja Venkata Kumara Krishna Yachendra, (2) Sri Rajah V. V. Ramakrishna, (3) Sri Raja V. V. Rajagopala Krishna, (4) Sri Raja V. V. Muvva Gopala Krishna, (5) Sri Raja V. Rajeswara Rao, (6) Sri Rajah V. Maheswara Rao and (7) Sri Raja V. Mamlana Gopala Krishna, minor by next friend and mother Smt. Sridevamma in respect of the Venkatagiri Estate and other properties as accretions to this estate. The first defendant in the suit was the holder of the Zamindari until it was notified and taken over by the State on 7/09/1949. The 3rd and 4th defendants are brothers of the first defendant. The third defendant died during the pendency of the suit and defendants 7 and 8 are his sons. Defendants 4, 5 and 6 are the sons of the 4th defendant. The 9th and 10th defendants are the sons of the 1st defendant. The 4th plaintiff Shri Raja V. V. Muvva Gopala Krishna died during the pendency of the appeals against the suit in the High court of Madras. After the filing of the petition of appeal in this court Sri Raja V. Maheswara Rao, the 6th plaintiff also died. The relationship of the parties will appear from the following pedigree : <PG>285</PG> <IMG>JUDGEMENT_281_3_1969Image1.jpg</IMG> <PG>286</PG>

(3.) AT the time of the notification of the estate under the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Act 26 of 1948) (hereinafter called the Abolition Act), the first defendant in the suit held the estate and was the principal landholder under the Act. Under Section 66 of the Abolition Act, on and from the notified date, the Madras Impartible Estates Act, 1904 (Act 2 of 1904), shall be deemed to have been repealed in its application to the estate. Out of the advance compensation first deposited. Plaintiffs 1 to 4 had been paid a sum of Rs. 75,000.00 as maintenance holders under Section 45 of the Abolition Act. They were entitled under the Act to a further sum of Rs. 75,000.00 in the second instalment of compensation and a share in such additional compensation that may be given. They were also given interim payments at Rs. 9,000.00 per year under Section 50 of the Abolition Act. Under Section 47 of the Act they were also entitled to Ryotwari Patta.