VEDAVATHI WILLIAMS Vs. RAMA BAI

JUDGEMENT

(1.) This appeal concerns a claim to enhanced maintenance. There were two brothers Deepu and Cheradappa. The plaintiff in the suit out of which this appeal arises is the widow of Cheradappa. Cheradappa and the plaintiff had a son Ramdas who died quite a long time ago. O. S. No. 76 of 1940 in the court of the District Munsiff, Mangalore, was a suit brought by the plaintiff after the death of her husband and son against Deepu for maintenance. On April 1, 1942 a decree was made in that suit by which the plaintiff was awarded maintenance at Rs. 5/- a month and a charge for that maintenance was created upon the properties in the possession of Deepu.

(2.) On August 6, 1942 Deepu settled the property on which the charge was created in that way on his niece who is defendant 1, and the property so settled was valued at Rs. 3000/-. Deepu's widow and defendant 1 sold that property consisting of two separate houses to a certain Meenakshi on June 11, 1945 under Exhibit B-2. The sale was for Rs. 8000/- out of which a sum of Rs. 2,000/- was left with the vendee for the purpose of creating a fund for the purpose of maintenance due to the plaintiff. Meenakshi in her turn sold the property on November 8, 1946 under Exhibit B-3 to defendant 2 for a sum of Rs. 8,000/-.

(3.) The present suit was brought by the plaintiff against defendant 1, defendant 2 and others who are members of the family to which the plaintiff belongs for many reliefs. She sought a declaration that the deed of settlement in favour of defendant 1 was void. She sought a decree for delivery of possession of the property so settled to her. In the alternative she sought enhanced maintenance at Rs. 50/- a month.