R.4 O.P. 256/50 Rajagopala Krishna Gopal Krishna Yachendra R 6.
special leave from the judgment and decrees dated March 4, 1955, of the former Andhra Pradesh High Court, Guntur, in S. T. Appeals Nos.
Bhimasankaram and P. D. Menon, for respondent No.
116 119 of 61 aid the respondents in As.
2300 of 1953 before the Tribunal.
The present Rajah, Sarvagna Kumara Krishna, had urged before the tribunal that the amount of maintenance to be paid to Krishna Bahadurs branch should be calculated on a different basis which, in brief, may be said to be that the amount to which he be held entitled out of the companypensation should bear the same proportion to the total companypensation as the monthly allowance payable to him under the document Exhibit A 1 bears to the income of the Estate in 1889 when that allowance of Rs.
The balance of the aggregate companypen sation shall be divided among the sharers, as if they owned such balance as a joint Hindu family and a partition thereof had been effected among them on the numberified date, Rajah Velugoti Kumara Krishna Yachendra, appellant in Appeal No.
392 of 1950 Petitioner Raja V. Venkata Raja V. Rama Raja Venkata Krishna Krishna Rajagopala Yachendra R.10 Yachendra Krishna Yachendra P. R.11 O.P. R.12 O.P. No.
385 of 50 3/50.
As the Venkatagiri Estate is an Impartible Estate and it passes to the eldest son by the rule of lineal primogeniture, the said Estate, the immovable properties pertaining to it and other immovable properties acquired with the income derived from the said Estate will be enjoyed by the Rajah, the eldest brother, and after his death his sons and grandsons and so on in succession shall enjoy, always the eldest male being the heir.
After the death of each of these brothers, his male heir would companytinue to get this allowance of Rs.
The Tribunal fixed Rs.
1,000/ per month.
1,000/per month was fixed.
The Act received the assent of the Governor General on April 2, 1949 and some of its sections, including ss.
Section 54 A provides that the Government shall estimate roughly the amount of companypensation payable in respect of the estate and deposit one half of that amount within six months from the numberified date in the office of the Tribunal as advance payment on account of companypensation.
V. Viswanatha Sastri, V. Yedantachari and T.V.R. Tatachari, for respondents 1 to 5 in C.A. No.
2 in A.Nos.
124 and 125 with respect to the interim payments made so Krishna Bahadurs branch for the Fasli years 1359 and 1360 which were apportioned in accordance with the same principle which the Tribunal had adopted for the distribution of the maintenance allowance out of the advance companypensation.
By their applications they raised the companytentions that they were entitled to an amount in the companypensation as sharers, as the impartible estate lost its character as such from the numberified date and that the companypensation payable with respect to their estate became partible and that in any case, they were entitled to the amount as creditors.
This companytention also did number find favour with the Tribunal or the Special Tribunal on appeal.
Three of his sons Ramakrishna Yachendra, Rajagopala Krishna Yachendra and Movva Gopala Krishna Yachendra, appellants in Civil Appeals Nos.
116 to 125 of 1961.
With effect from the numberified date, i.e., September 7, 1949, the entire Venkatagiri Estate stood transferred to the Government and vested in it by reason of s. 3 b of the Act.
120 125 of 1961 .
118, 119 and 116 of 1961, respectively, filed separate petitions.
If in the line of the said Rajah, his natural sons or adopted so s do number have male issue and that line stops short, then the properties shall be enjoyed by him who is the nearest heir and who is also the eldest to whom the impartible properties of the family pass according to law and custom and the same shall be enjoyed by his successors.
1,000/ per mouth for the rest of his life.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
None of these companytentions was accepted by the Tribunal or by the Special Tribunal companystituted in accordance with s. 21 of the Act for bearing appeals against the orders of the Tribunal.
382/50 384/50 vegna Kumara Raja Venkata Rajagopala Krishna Krishna R 3.
117 119/61 .
The allowances were settled as follows Each of the brothers was to get Rs.
In respect of the Venkatagiri Estate, the Government deposited Rs.
117 119/61 and the appellants in C.A. Nos.120125/61.
1 in C.As.
75,000/ as the amount payable to Krishna Bahadurs branch out of the sum of Rs.
November 19.
116/61 and respondent No.
Appeals by.
Petitioner in O.P. No.
1,55,194/ for each of the Fasli years 1359 to 1362 F. It is the distribution of these amounts in deposit as advance payment of companypensation and interim payments, which is the subject matter for determination in these appeals.
It was further companytended that the provisions of s. 45 of the Act were ultra vires the State Legislature and were discriminatory and so void and that the maintenance amount be determined with respect to the amount of companypensation and number with respect to the amount of companypensation minus the amount of peishkush which was payable by the estate to the Government.
The judgment of the Court was delivered by RAGHUBAR DAYAL, J. These appeals arise out of the order of the Tribunal appointed under s. 8 of the Madras Estates Abolition and Conversion into Ryotwari Act, 1948 Madras Act XXVI of 1948 , hereinafter called the Act, apportioning the advance companypensation given and interim payments made in companynection with the vesting of the Venkatagiri Estate in the Government of Madras as a result of a numberification issued under sub s. 4 of s. 1 of, the Act from the numberified date, i.e., September 7, 1949.
To understand the various claims for payment out of these deposits, the following genealogical table will be helpful KUMARA YACHENDUR VARU Rajagopala Krishna Raja Venkata Krishna Yachendra Deacsed Yachendra Deacsed Rajagopala Krishna Raja V. Kumara Krishna Yachendra Yachendra dead .
The Rajah has therefore filed Civil Appeals Nos.
12,11,419/ deposited as advance payment of companypensation and further fixed the ratio of the value of the interests of Krishna Bahadur and the two brothers of the present Rajah, in the 1/5th of the advance companypensation, at 757592.
4 and 8, mentioned in sub s. 4 of s. 1, came into force at once.
The amounts deposited as interim Payment were to be distributed in the same, ratio.
C. Setalvad, Attorney General for India, R. Ganapathy Iyer, V. Sureshan and G. Gopalakrishnan, for the appellants in C.As.
The points urged for the appellants in appeals Nos.
The other sections came into force with respect to the Venkatagiri Estate from the numberified date.
The Government also deposited as interim payment Rs.
120 to 123 of 1961.
12,11,419/ as and by way of advance payment of companypensation, after deducting Rs.
He has also filed two appeals Nos.
2 of s. 50 provides for the deposit of interim payments by the Government during the period between the numberified date and the final determination and deposit of the companypensation payable in respect of the estate.
83,85 88,90,91 and 119 121 of 1954.
The said Estate, all the properties pertaining to it, the title, power, privileges, all these shall be enjoyed fully and with all powers according to law and custom by the respective individuals who would be ruling at the respective periods subject to the companydition of payment of allowances to other members of the family from the income derived from the Estate and from the properties in a manner befitting their respective status.
Raja Maddukrishna Raja Venugopala Yachendra Krishna Yachendra Died Issueless Raja V. Rajeswara Rao Raja Maheswara Rao R 14 R 15 Venkata Gopala Minor Madanagopal Died Krishna R 16 O.P. R 15 No.
117 of 1961, hereinafter called Krishna Bahadur, filed Original Petition No.
