- (1.) Leave granted.
(2.) The appellant filed a suit for maintenance impleading the legal representatives of her deceased brothers Devassia and Mathew. The heirs of Devassia are Defendants 1 to 6 in the suit. The heirs of Mathew are Defendants 7 to 12 in the suit and they are the respondents before us. The maintenance was claimed by the appellant on the basis of the Will executed by her late father in the year 1965 by which the father bequeathed certain properties to his two sons while imposing an obligation to maintain the appellant in the manner stated in the Will. The relevant portion of the Will reads as follows: "My son Devassia shall pay Rs. 100.00 per mensem and 100 kalloorkaran paras of paddy annually to my unmarried daughter Aleyamma for her necessities. I further provide that my daughter Aleyamma will have the full freedom to reside in the family house along with other members in the same way as my son Mathew have the freedom to do so. It is further provided that my son shall look after the needs of Aleyamma in the matter of food and others according to her liking, like other members of the family as also the other needs of her which she feels necessary by spending from the family. In case my daughter Aleyamma resides separately from the house either for treatment or rest, my son Mathew shall also pay Rs. 100.00 per month and also necessary paddy or rice annually to her."
(3.) The appellant's contention has been that the amount of Rs. 100.00 per mensem ought to be enhanced in view of the long passage of time and that the terms of the Will do not come in the way of such enhancement. However, the trial court did not accept the appellant's claim. The following is the decree passed by it: "1. Defendants 1 to 6 will give Rs. 12,640.00 and Defendants 7 to 12 will give Rs. 11,940.00 with 12% future interest from the date of suit till realisation. They will also continue to pay at this rate after the suit, during the lifetime of the plaintiff. 2. Defendants 1 to 6 will also give Rs. 100.00 from 1.10.1985 till 30.4.1986 and 100 paras of paddy per year or its equivalent market value at that time. 3. Defendants 7 to 12 will give Rs 100 from 1.10.1985 till 30.4.1986 and 80 paras of paddy per year or its equivalent market value at that time.";