RAMASWAMI GOUNDER AND ORS. Vs. CHINNAMMAL

JUDGEMENT

(1.) THE defendants are the appellants before me. The respondent filed O.S. No. 24 of 1971 for partition of her 1/6th share in the non -agricultural properties described as items 12 -A, 18 -A, and 22 to 31 in the plaint -schedule and also for mesne profits both past and future with a charge over A schedule properties. According to her, her husband and defendants 1 to 3 were members of a joint Hindu family and the fourth defendant was their mother. The plaintiff's husband died undivided on 3rd March, 1940. Since her husband had died prior to the coming into force of the Hindu Women's Rights to Property Amendment Act (Madras Act XXVI of 1947) she would be entitled to a share in the non -agricultural properties and also a right of maintenance with a charge over the agricultural properties.

(2.) IN defence it was contended that immediately after the death of the husband of the plaintiff there was a panchayat whereunder the plaintiff was given Rs. 2,000 in lieu of her claim for maintenance and it was also undertaken that the first defendant would be responsible for the wedding of the plaintiff's daughter. In any event, the claim for maintenance was exorbitant.

(3.) ON appeal in A.S. No. 206 of 1971 before the District Judge, North Arcot, only two points were raised that the two pump -sets shown as items 12 A and 18 -A were not agricultural properties and that the quantum of maintenance of Rs. 250 per month was very high. As regards the first point, the learned District Judge held that the pump -sets were not agricultural properties and, therefore, the share of the plaintiff" in these properties was confirmed. However, the maintenance was reduced to a sum of Rs. 150 per month. Aggrieved by this the present second appeal has been preferred.