PADMAVATI JEMMA Vs. RAMCHANDRA ANANGA BHIM DEO

JUDGEMENT

(1.) THE pltf. claims to be the illegitimate daughter of Sri Krupamaya Anauga Bhima Deo, the late Zamindar of Bodokhemidi estate which is an impartible estate under the Madras Impartible Estates Act, 1904. The principal deft. (deft. 1) is the present Zimindar of Bodokhemidi estate and is the legitimate son of Sri Krupamaya Ananga Bhima Deo. The other defts. are said to be tenants established on the suit lands by deft. 1. The pltf's case was that her father gave her certain landed property described in Schedule 'a' of the plaint situated in village Kattubati & known as 'Kheta Dholia' lands for her maintenance & that deft, l wrongfully resumed these lands & settled them with the other defts. She, therefore, prayed for being put in possession of the suit lands or eke for a decree directing deft, l to pay her either the value of the lands or else the annual Rajabhagam (rent) due from these lands. There was also an alternative prayer for a decree for maintenance at the rate of Rs. 30 per month till her marriage & for making the maintenance a charge on the properties of deft. I described in Schedule 'B'.

(2.) SRI Krupamaya Ananga Bhima Deo died in September, 1922 and his estate was managed by the Ct. of Wards for Borne years during the minority of deft. 1. The estate was released on 2 -12 -30. The gift of the 'a' schedule lands in favour of the pltf. was made by Sri Krupamaya Ananga Bhima Deo by a document (ex. 9) dated 25 -2 -1922. The pltf. was born sometime in 1920 or 1921 & though her paternity was strenuously contested in the lower Ct. the finding was that Sri Krupamaya Ananga Bhima Deo was her father & this finding was not seriously challenged before us. Some time in 1924 the Ct. of Wards resumed the said lands & in lieu thereof settled a maintenance allowance of Rs. 71 per month for the pltf. & her mother Sri Kumuda Angalagi (P. W. 1). This maintenance allowance was paid regularly during the time of the Court of Wards. But when deft. 1 took up the management of the estate in 19S0 he stopped it altogether. Sri Kumuda Angalagi then instituted a suit for maintenance alleging that she was a concubine under the exclusive keeping of Sri Krupamaya Ananga Bhima Deo & as such entitled to maintenance from the impartible estate. Thai litigation was fought up to the H. C. & in the end (vide Ex. 4 [b]) she was granted a decree for maintenance at the rate of Rs. 50 per month.

(3.) THE main points canvassed by Mr. H. Mohapatra on behalf of the applt -pltf are these: (i) the 'a' schedule lands do not form part of the impartible estate of Bodokhemidi & that any alienation of the same made by the previous Zamindar would, therefore, be valid even after his death & would not be hit by the Madras Impartible Estates Act, 1904; (ii) in any case, the pltf. has perfected her title to those lands by adverse possession; (iii) in the family of Bodokhemidi Zamindars there was a special family custom by which illegitimate daughters were also entitled to maintenance out of the estate; and (iv) under the ordinary Hindu law also an illegitimate daughter was entitled to maintenance from the estate of her putative father which has descended to his lawful heirs.