K V THANGAVELU Vs. COURT OF WARDS

JUDGEMENT

(1.) Krishna Vijia Poochayya Naicker who was the last zamindar of Marungapuri, an impartible estate situated in the District of Trichinopoly, died on 17 September, 1926, leaving him surviving three widows and a daughter by a predeceased wife, besides four sons and one daughter who claim to be his illegitimate issue by a permanently kept concubine. On his death disputes arose as to succession to the zamindari which is descendible to a single heir in accordance with the provisions of the Madras Impartible Estates Act, 1904,. and the Court of Wards, after making enquiries, recognised the senior widow as the proprietor and assumed control and management of the estate on her behalf on 23 July, 1927.

(2.) In February, 1938, proceedings were commenced in forma pauperis in the Court of the Subordinate Judge, Trichinopoly, by the alleged illegitimate sons, the eldest of whom sought possession of the zamindari and partition and delivery of an eighth share in the partible properties left by the zamindar with an account of their income since his death, claiming that, both according to the custom of the community to which the late zamindar belonged and to the Hindu law, he was entitled to succeed to the impartible estate in preference to the widow. He also claimed, in the alternative, arrears of maintenance at the rate of Rs. 100 per mensem from the death of the zamindar up to the date of plaint and future maintenance at Rs. 500 per mensem, together with an allowance of Rs. 10,000, for his marriage expenses, out of the impartible estate. The others claimed partition and delivery of their shares of the partible properties and maintenance out of the estate with allowances for their education and marriage. The proceedings were later registered as O.S. Nos. 49 and 50 of 1941, respectively, after the pauperism of the claimants was established. In both suits the Court of Wards was impleaded as the first defendant and the senior widow as the second defendant and they alone contested the suits, the other members of the family who were also impleaded remaining ex parte. The suits were tried together by consent of parties and the whole evidence was recorded in O.S. No. 49 of 1941.

(3.) The following genealogical table will show the relationship of parties to one another and how they are arrayed in the main suit O.S. No. 49 of 1941: