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Issues:
1. Maintenance claim by the son of an adopted son of the late Rajah of Pittapur against the present Raja. 2. Legal basis for the maintenance claim in an impartible zamindari. 3. Existence of coparcenary rights in an impartible zamindari. 4. Customary rights to maintenance in an impartible zamindari. Analysis: 1. The Plaintiff, the son of an adopted son of the late Rajah of Pittapur, sued the Defendant, the present Raja of Pittapur, for maintenance. The Defendant's legitimacy and right to the Raj were contested previously, but the courts held that the zamindari being impartible, the Plaintiff had no right to challenge the alienation made by the late Rajah's will. The Plaintiff based his claim on the general law that he had a right to maintenance by birth from the property constituting the Raj. However, the Court of Appeal dismissed the case, stating that the Plaintiff's claim lacked a legal basis and could not be supported by coparcenary rights. 2. The Court analyzed the concept of coparcenary in an impartible zamindari. Earlier decisions implied joint property in an impartible zamindari, but subsequent judgments clarified that there is no coparcenary in such properties. The right to maintenance, inherent in coparcenary rights, begins and ends with coparcenary. The Plaintiff's claim, not based on personal relationship, was deemed invalid due to the absence of coparcenary in an impartible zamindari. 3. The judgment highlighted that in an ordinary joint family under the Mitakshara law, junior members have coparcenary rights in ancestral property. However, in an impartible zamindari, no coparcenary exists. The Plaintiff's claim to maintenance was refuted as it relied on coparcenary rights that do not apply in an impartible zamindari. The Court emphasized that coparcenary rights and the right to maintenance are intertwined and cease where coparcenary ends. 4. Customary rights to maintenance in an impartible zamindari were discussed. While the Plaintiff did not prove any special custom in the zamindari, the Court noted that repeated recognition of sons' right to maintenance in impartible zamindaris could establish a customary right without individual proof in each case. However, in this instance, the Plaintiff failed to establish any custom or relationship-based claim for maintenance, leading to the dismissal of the appeal with costs. In conclusion, the judgment clarified the absence of coparcenary rights in an impartible zamindari, emphasizing the need for a legal basis or customary right for maintenance claims in such properties.
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