P M A M VELLAIYAPPA CHETTY Vs. NATARAJAN

JUDGEMENT

(1.) This appeal arises out of a suit instituted in the High Court of Madras by the illegitimate sons and an illegitimate daughter of P. M. A. Muthiah Chetty, a Sudra by caste, by a continuous concubine, for past and future maintenance against their father. Muthiah Chetty owned no separate property, but he was joint with his uncles and uncles' sons, and the joint family possessed considerable properties. The plaintiffs claimed that the maintenance should be charged on the joint family properties. The suit was filed on 18 September 1919. Muthiah Chetty died on 21 April 1921, and after his death the plaint was amended, and the uncles and uncles' sons were brought on the record as defendants 2 to 5 as his surviving coparceners and legal representatives.

(2.) The learned Judge who tried the case awarded maintenance to each son at the rate of Rs. 100 per month from the date of the institution of the suit for life, and to the daughter at the rate of Rs. 50 per month until she attained the age of 18 years, and the maintenance was made a charge on certain joint family property. On appeal the High Court confirmed the decree so far as it related to the sons' claim for maintenance, but reversed it as regards the daughter's claim on the ground that an illegitimate daughter was not entitled to maintenance out of joint family property. From that decree of the High Court defendants 2 to 5 have brought the present appeal.

(3.) Three questions were raised at the hearing of this appeal, viz.: (1) Whether the illegitimate son of a Sudra by a continuous concubine is entitled, after the father's death, to maintenance out of properties held by the father jointly with his collaterals as members of an undivided Hindu family, where the father has left no separate property and no legitimate son; (2) whether, if so, he is entitled to maintenance for his life or during minority only; (3) whether he is entitled to arrears of maintenance accrued due in his father's lifetime.