JUDGMENT 1. Ramabrahman had four sons, the first, second, and third Defendants and Nagendrudu. On the 29th March 1884, he sold certain ancestral lands to one Rajayya for Rs. 268 which was required by him in connection with the marriage of his son Nagendrudu (exhibit I). The first Defendant and Nagendrudu signed this document as witnesses and there can be no doubt that they assented to the sale made thereby. The main question that has been argued in this second appeal is whether the sale evidenced by exhibit I can be held to be valid in so far as the shares of the second and third Defendants are concerned. It does not appear to be seriously disputed that the law bearing on this question is correctly set out by Mr. Mayne as follows (Hindu Law, 6th edition, para. 336). "It is an established rule that a father can make no disposition of the joint property which will prejudice his issue, unless he obtains their assent, if they are able to give it, or unless there is some established necessity, or moral, or religious obligation to justify the transaction." The first Defendant and Nagendrudu, as already stated, assented to the sale. It is clear that there was nothing that can be termed necessity for the sale and the question therefore to be decided is whether there was such a moral or religious obligation on the father to get his son Nagendrudu married as to make the sale valid in so far as the shares of the second and third Defendants are concerned. It, of course, cannot be contended that there is a legal obligation on a father to get his son married, but it is strongly urged on behalf of the contending Respondents that there is a religious obligation on him to get this ceremoney performed. In support of this proposition we have been referred to certain sacred texts and to passages in the works of ancient law-givers. To these a brief reference must be made. Attention is drawn to the following verses in Chapter II of the Laws of Manu: Nos. 36-47, 169, 170 and 172 (Sacred Books of the East, Volume 25, pages 36, 37, 38 and 61). To these a brief reference must be made. Attention is drawn to the following verses in Chapter II of the Laws of Manu: Nos. 36-47, 169, 170 and 172 (Sacred Books of the East, Volume 25, pages 36, 37, 38 and 61). In these verses directions are given as to the initiatory ceremonies to be performed in the case of Brahmans and it is laid down that he who has not been initiated is on a level with a Sudra (verse 172). Nowhere, however, is marriage in the case of a male included among the initiatory ceremonies. Then as to the obligation on a father or, if he is dead, on an elder brother to perform the initiatory ceremonies, reference is made to Narada, Chapter 13, verse 33, which is to the effect that for those brothers for whom the initiatory ceremonies have not been duly performed by their father, they must be performed by the brothers from the paternal property (Sacred Books of the East, Volume 33, page 197). Commenting on this Dr. Jolly, the learned Translator and Editor of Narada, writes: "There appears to be some doubt as to what is meant by the term Samskara initiatory or sacramental ceremonies, some commentators including the ceremony of marriage in that term and others declaring the initiatory ceremonies to terminate with the investiture with the sacred thread" (Narada, page 197 note). Turning to the Mitakshara, we find (Chapter I, section I, para. 29) as follows: "Even one person, who is capable, may conclude a gift, hypothecation, or sale, of immoveable property, if a calamity affecting the whole family require it, or the support of the family render it necessary, or indispensable duties, such as the obsequies of the father or the like, make it unavoidable (Stokes Hindu Law Books, page 376). The question that has to be decided with reference to this text is, do the words "or the like" include the marriage of a son? As to this we are referred to the annotation by Mr. Colebrooke appended to Chapter I, section VII, para. 3 of the Mitakshara relating to initiation which is as follows: "Initiation (Samskara); a succession of religious rites commencing on the pregnancy of the mother and terminating with the investiture of the sacerdotal thread, or with the return of the student to his family and finally his marriage (Stokes Hindu Law Books, page 398). Mr. 3 of the Mitakshara relating to initiation which is as follows: "Initiation (Samskara); a succession of religious rites commencing on the pregnancy of the mother and terminating with the investiture of the sacerdotal thread, or with the return of the student to his family and finally his marriage (Stokes Hindu Law Books, page 398). Mr. Colebrooke in his Digest expresses himself even more positively as to marriage being one of the initiatory ceremonies. Commenting on the text "let the father himself performing the eight ceremonies which perfect the second birth of a twice-born man" he names the eight ceremonies to which he believes that the text refers concluding with the investiture of sacred thread (7th) and the ceremony on the return of the student from, his preceptors house (8th) and then adds: "The whole number of ceremonies called Samskara as expiating the sinful taint contracted in the mothers womb, and as effecting regeneration, in other words, as perfecting the class of a twice-born man, are ten," i.e., to the eight ceremonies which he has already mentioned, he adds the ceremony which precedes conception and marriage which he says is the last of these sacraments (Colebrookes Digest of Hindu Law, Volume If, page 301). We cannot find that Mr. Colebrooke hadany sufficient authority for including marriage among the ceremonies necessary to perfect the class of a twice-born man. In the Smriti Chandrika, the text from Narada relating to the initiatory ceremonies which "must be invariably performed" (Chapter XIII, verse 34) is quoted and commented on as follows: "The ceremonies contemplated by this text commence with Jatakarma and end in Upanayana. The word ceremonies takes here the above limited sense as the text says must without fail be defrayed as marriage, and c., are not ceremonies that must without fail be performed, the law permitting the life of a perpetual student" (Smriti Chandrika translated by T. Krishnaswami Ayyar, page 60). As to this question we have no hesitation in accepting the opinion of Mr. Justice Muttuswami Ayyar which is as follows: "The phrase the like in para. 29 (Mitakshara, Chapter I, Section 1, para. As to this question we have no hesitation in accepting the opinion of Mr. Justice Muttuswami Ayyar which is as follows: "The phrase the like in para. 29 (Mitakshara, Chapter I, Section 1, para. 29 to which allusion has already been made) both according to Hindu Law and the rule of construction, refers to the annual sradhas the ceremony of Upanayanam in the case of minors in the three higher classes, and of marriage in the case of girls belonging to those classes before they attain their puberty, and in short to such ceremonies as, if unperformed, would entail a forfeiture of caste or status" (Ponnappa Pillai v. Pappuvayyangar I.L.R. 4 Mad. 1. We must hold that there is a complete absence of authority for the proposition that omission to perform the ceremony of marriage in the case of a male Brahman entails a forfeiture of his caste or status and, such being the case, there is no moral or religious obligation on a father to bring about the marriage of his son. 2. For the foregoing reasons we must hold that the sale of the plaint land included in exhibit I is invalid in so far as the shares of the second and third Defendants are concerned. The Plaintiff in his appeal to the Subordinate Judges Court and in second appeal here makes no claim except in regard to the shares of these sons and we accordingly allow this second appeal with costs; set aside the decrees of both the lower Courts and give the Plaintiff a decree for the recovery of two-fifths of the plaint land. The Defendants Nos. 4, 5 and 6 are ordered to pay their own costs and those of the Plaintiff throughout and the Defendants Nos. 1, 2, 3 and 7 will pay their own costs in all Courts.