164 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Smriti in which there was a reference to the Kayasthas. He differed from the Calcutta High Court and held that the Kayasthas of Bihar were Kshatriyas.
Next come cases in which the question at issue was whether the Maharattas are Kshatriyas or Shudras. The first case in which this issue was raised is reported in 48 Mad. I. [1] This was an interpleader suit filed by the Receiver of the estate of Raja of Tanjore in which all the descendants as well as the distant agnates and cognates of the Raja were made defendants in the suit. The kingdom of Tanjore was founded by Venkoji, otherwise called Ekoji, who was a Mahratta and the brother of Shivaji the founder of the Mahratta Empire. The judgement in the case covers 229 pages and the question whether the Mahrattas were Kshatriyas was dealt with in a most exhausitve manner. The decision of the Madras High Court was that the Mahrattas were Shudras and not Kshatriyas as was contended by the defendants.
The next case which also relates to the Mahrattas is reported in I.L.R. (1928) 52 Bom.497. [2] The Court decided that :
“There are three classes among the Mahratthas in the Bombay Presidency: (1) the five families; (2) the ninety-six families; (3) the rest Of these, the first two classes are legally Kshatriyas.”
The last case to which reference may be made is reported in I.L.R.
(1927) 52 Mad. I. [3] The issue was whether the Yadavas of Madura were Kshatriyas. The Yadavas claimed themselves to be Kshatriyas. But the Madras High Court negatived the claim and held that they were Shudras.
Such is the course of judicial pronouncements on the issue as to how to determine who is a Kshatriya and who is a Shudra. It is a most confusing medley of opinion which settles little and unsettles much. The Kayasthas of Bihar, of the Upper Provinces (now U.P) and Benares are Kshatriyas, while the Kayasthas of Bengal are Shudras!! According to the Madras High Court all Mahrattas are Shudras. But according to the Bombay High Court, Mahrattas belonging to five families and 96 families are Kshatriyas and the rest are Shudras!! The Yadava community to which Krishna belonged is popularly believed to be Kshatriyas. But according to the Madras High Court, the Yadavas are Shudras!!
(1924) Maharaja of Kolhapur versus Sundaram Ayyar.
Subbarao Hambirao Palil vera? Radha Hambirao Patil.
Mokka Kone versus Ammakutti.