SUBBEGOWDA Vs. HONNAMMA

JUDGEMENT

(1.) These two appeals have arisen out of a common judgment and decree dated 10-10-1980 of the Principal Civil Judge, Mandya in R. A. Nos. 96 and 97 of 1979 on his file.

(2.) The appellant Subbegowda was the defendant and respondents Honnamma and Jayalakshmi were respectively plaintiffs 1and 2 in O. S. No. 199 of 1974 on the file of the Munsiff. Nagamangala Honnamma is the wife of Subbegowda and Jayalakshmi is their child. In the suit they had filed, the plaintiffs had claimed maintenance from the defendant. The Munsiff decreed the suit by his judgment dated 16-8-1976 granting maintenance at the rate of Rs. 30/- per month for Honnamma and Rs. 15/- per month for Jayalakshmi from the date of his judgment and also created a charge against the plaint schedule properties.

(3.) Being aggrieved by the decree awarding compensation Subbegowda preferred R. A. No. 96 of 1979 and not being satisfied with the quantum of maintenance and the insufficiency of the charge, the plaintiffs preferred R. S. No. 97 of 1979. The learned Civil Judge allowed both the appeals in part. Re: maintenance he awarded at the rate of Rs. 100/- per month from the date of suit during the lifetime of the 1st plaintiff and until the 2nd plaintiff attains majority. He created a charge over the suit schedule item No. 1, the house situated in Manchanaikanahally. Though he could have preferred a single appeal Subbegowda has filed two construing the decrees of the Civil Judge as separate ones.