SUBBARAYUDTI AND ORS. Vs. PAPAYAMMA
LAWS(APH)-1955-2-26
HIGH COURT OF ANDHRA PRADESH
Decided on February 03,1955

Subbarayudti And Ors. Appellant
VERSUS
Papayamma Respondents


Referred Judgements :-

UMAMAHESWARAM IN KRISHNAMURTHY V. SURYAKANTAMMA [REFERRED TO]
K PERAMANAYAKAM PILLAI VS. S T SIVARAMAN [REFERRED TO]
BANDI VEERAJU VS. BANDI NARAYANAMMA [REFERRED TO]
M. SUBBARAYUDU AND ORS. VS. THE STATE [REFERRED TO]
PALLAMREDDI AUDEMMA VS. PALLAMREDDI VARADAREDDY AND ANR. [REFERRED TO]


JUDGEMENT

Chandra Reddy, J. - (1.)THE Second Appeal arises out of a suit for maintenance instituted by the widow of one Veeramma, who was one of four brothers. This Veeramma died 30 or 40 years prior to the suit. The plaintiff claimed maintenance at the rate of Rs. 600 per year and also past maintenance for one year at the same rate alleging that the family lands yield an annual income of Rs. 6,000. First defendant and second defendant's father are brothers of Veeramma, defendants 3 and 4 being the sons of Papayya, another deceased brother. Defendants 5 to 9 are the sons of the first defendant.
(2.)THE defence to the suit was two -fold: (1) that the maintenance of the plaintiff was settled previously at two putties of paddy per year and that the same was paid up to January, 1948; (2) that the family owned at the time of the death of the plaintiff's husband 2 acres of wet, 10 acres of dry and 6 acres of pasture land and it is only on the basis of the income of these lands that the maintenance should be fixed and that the subsequent acquisitions should not be taken into account in ascertaining the income of the property for purposes of awarding maintenance.
The trial Court held against the defendants on the question of the previous settlement of maintenance. On the issue bearing on the rate of maintenance, it found that the family income was Rs. 1,000 on the date of the suit and on that basis fixed the maintenance at Rs. 200. Evidently the question as to the relevant date to be taken into consideration for fixing the maintenance, namely, whether it is the date of the death of the plaintiff's husband or the filing of the suit, was not agitated in the trial Court.

(3.)ON appeal while confirming the finding of the trial Court on the first issue, the lower appellate Court differed from the trial Court as regards the income derived from the family properties and the rate of maintenance. It reached the conclusion that the income could be assessed at Rs. 2000 as on the date of the filing of the suit and that the maintenance should be enhanced to Rs. 400. The defendants, aggrieved by this judgment, have preferred the second appeal.
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