V.S. SUBRAMANIA IYER AND ANR. Vs. MINOR SANGILI VEERAPPA BALASUBRAMANIA PANDIAN ALIAS KUTTI RAJA AND ORS.

JUDGEMENT

(1.) AFTER taking over the Sivagiri Estate (which was an impartible estate) under the provisions of Act XXVI of 1948, the Government deposited a sum of Rs. 7,899 as an interim payment for fasli 1365. The deposit was made on 16th March, 1957. At the time when estate was taken over, that is, on 3rd January, 1951, the principal landholder, namely, the Zamindar was 'one Varaguna Pandian. The right to the compensation amount will be governed by Section 45 of the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Act XXVI of 1948). Under that section the compensation amount is first to be paid to the creditors of the impartible estate; of the balance, not exceeding 1/5th is to be allotted to the maintenance holders, the remainder being divided amongst the sharers, as if they owned such amount as members of a joint Hindu family. The sharers would be (as defined in Section 45(3) of the Act) the Zamindar, his legitimate sons, grandsons and great grandsons in the male line. On the date of the notification Varaguna Pandian had three sons, two by his first wife and one by his second wife. Subsequent to that date, another son was born to him through his 2nd wife. Besides these, he had two illegitimate sons born through a continuously kept concubine, Chellappappal. The illegitimate sons were in existence on the date of the notification. The following genealogy can be usefully referred to, to elucidate the matter in controversy.

(2.) THE compensation amount will, therefore, have to be divided between Varaguna Pandian, the principal landholder, his three sons who alone were in existence on the date of notification (leaving out of account for the present purpose the two sons of the first son who had also been born by then and who would be also sharers) and the persons who had claims for maintenance from the impartible estate. The latter category of persons, namely, the maintenance -holders, would be entitled to a fifth share in the amount. Out of the balance, Varaguna Pandian and his three sons would each take 1/4th with the result that the former would be entitled to have 1/5th share in the compensation amount. Varaguna Pandian died on 16th August, 1955. His interest would devolve on or vest in his coparceners or heirs, as the case may be (that is, whether his interest is considered as coparcenery or separate property). The two sons of Varaguna Pandian born of his first wife had assigned their interest in the compensation amount to V.S. Subramania Iyer and V. Muthuswami Iyer.

(3.) O .P. No. 824 of 1957 was an application filed by the two illegitimate sons, namely, Chella Durai and Sami Durai, to the Tribunal claiming that they would be entitled to 1/3rd share of Varaguna Pandian in the interim compensation amount.