MAHARAJA OF JEYPORE Vs. VIKRAMA DEO GARU

JUDGEMENT

(1.) This is an appeal from a decree of the High Court of Madras, which affirmed, with a variation, the decree of the Agent to the Governor at Vizagapatam. dated the 22nd December, 1909.

(2.) The suit was brought by the plaintiff, who is the cousin of " the first defendant the Maharajah of Jeypore, for maintenance out of the impartible estate held by the defendant. In consequence of previous decisions of the Courts, the case took a course which makes it impossible finally to determine the matter today.

(3.) The plaintiff in the notion rested his case upon the contention that, according to the general Hindu law, he, as the son of a brother of the late Maharajah, Was entitled to maintenance out of the estate. The defendants in their statements, proceeded more or less upon the same basis, but alleged a special custom which deprived the plaintiff of that which was treated as being his primd facie right.