IRRUMATHIRUMALA NALLANCHAKRAVARTHI SAMPATHKUMARA JAGANNATHA Vs. IRUMATHIRUMAL NALLACHAKRAVARTHI SAMPATHKUMARA ANDALAMMA

JUDGEMENT

(1.) When this appeal came up before Basi Reddy, J., he referred the matter to a Bench, as in important question relating to Sishya Sancharam fell for consideration. The Bench, consisting of himself and Sharfuddin Ahmed, J., having regard to its importance, referred to following two questions to a Full Bench, namely. 1. Is the avocation of Sishya Sancharam an office or property and is it heritable and partible ? Is it a justiciable right ? 2. Do earnings from Sishya Sancharam constitute joint family property ?

(2.) At the very outset it appeared to us and the learned advocates for the appellants and the respondent agreed, that as the several aspects of the matter which fall for consideration depend on evidence relating to the custom and usage in regard to Sishya Sancharam, the whole case will have to be heard, and we accordingly permitted the learned advocate to argue the entire appeal.

(3.) The respondent, who is the widow of one late Butchayyavarlu, son of the 1st defendant, Tiruvenkatachariar, filed the suit against her father-in-law, his son and his sons son, who are respectively appellants 1, 2 and 3 herein, for partition of the joint family immovable properties in the plaint A schedule, the utensils etc., in B-schedule and the amount from money lending business specified in C-schedule, on the allegation that the members of the joint family who are religious Gurus of Vaishnavites, have the hereditary, occupation of Sishya Sanchram, from which they obtain or acquire cash, silverware, jewels and other valuables from Sishyas according to their status in token of having received Upadesam from the Guru which will be done after Samasrayanam, when Chakrankitas (i.e., wheel and conch) are impressed on the shoulders of the Sishyas. This is come as and when it is received, according to the plaintiff is used for the benefit of the members of the family and is joint family property. The 1st defendant and the plaintiffs husband, it is stated, used to go on Sishys Sancharam. The plaintiff also, after her marriage, used to accompany them. The 2nd defendant appellant is a violin artist in the All India Radio, Vijayawada. The plaintiff averred that she was also given some Guru Dakshina by the Sishyas and that the annual income of the family from Sishya Sancharam was about Rs. 5000, and it was with these amounts that item I of the plaint A Schedule, viz., a house at Vijayawada, the market value of which is Rs. 15,000 was purchased. Item 2 of A Schedule which is a Kottu the market value of which is Rs. 6,000 was given by a Sishya. The 1st defendant was also sending articles and moneys received on Sishya Sancharam to Vijayawada and when they were accumulated to a large extent, he was sending the moneys to his brother-law, Keshvacharulu of Poduru village in West Godavari District, for being invested in some money lending business. All these properties have been shown in schedules A to C. In or about October, 1954, the plaintiffs husband suffered from typhoid fever and died on 27-10-1954 at Vijayawada while living jointly with the 1st defendant. Thereafter the plaintiff gave birth to a posthumous child on 29-5-1955, who however, died on 17-6-1956. Apart from her being entitled to claim a share in the properties not only as the heir of her husband, but also of her son, she is also entitled to her Sari Samans, a pair of silk clothes, tow silver vessels and a gold ring which were left in the 1st defendants house but she started that she would file a separate suit for recovery of the same.