1879 (5) TMI 1

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..... inheritance, but is impartible, and is held exclusively by the eldest son of each successive raja, or in default of a son by the member of the family next entitled to succeed. It is also undisputed that certain members of the family, who are by this custom excluded from the actual inheritance, are entitled to maintenance from the raja for the time being, and this maintenance may be either by a direct money allowance, or it may be provided by the grant of landed property; such grant being resumable on the death of the grantor by his successor, and also by the grantor himself on the death of the grantee. The question for decision in this suit, and which the lower Court has decided in the plaintiff's favour, is, whether members of the fam .....

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..... ily; and their pleader in this Court expressly stated that he did not contend that the ordinary rules of Hindu law would avail them. 7. The evidence in the cases upon the question at issue consists of the testimony of three witnesses on each side; and reference has been made to a former suit in which the right of the Raja of Pachete to resume a maintenance grant made by his predecessor was determined. That case was appealed to England, and a report of it is to be found in Vol. V, Moore's Indian Appeals, p. 82. The family custom as to the maintenance by the raja of various relatives, who were by the custom excluded from inheritance, was discussed in that case. The lower Court has relied upon that case, assuming to lay down clearly, th .....

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..... than as a legal obligation. And we are not prepared to hold that any legal liability exists. As regards the amount of maintenance allowed to such members of the family as the present plaintiffs, it is quite clear from the evidence of their own witnesses that that amount is entirely at the raja's discretion. This seems to show, too, that there can be no legal obligation upon him. 10. The lower Court was of opinion that, both according to law and to the established usage, the plaintiffs are entitled to maintenance. It laid some stress upon the fact that, had it not been for the custom of Pachete, the father of the plaintiffs would have had a share of the estate. And under these circumstances the Court held that by Hindu law the plainti .....

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