PAYYAVULU KESANNA Vs. PAYYAVULU VENKAMMA

JUDGEMENT

(1.) THIS is an appeal by the defendants in a suit filed by a widow Vengamma in forma pauperis for the recovery of maintenance, stridhanam jewels, and so on, which was referred at the request of both parties to the arbitration of one Rayala Govindappa. Vengamma who was dissatisfied with his award, filed the petition under appeal to set it aside. The learned District Judge, finding that the arbitrator was guilty of misconduct, set the award aside.

(2.) THE facts are briefly these : The plaintiff, Vengamma was the widow of the brother of defendant 1, Kesanna, defendant 2 is his nephew, and defendant 8 is the plaintiff's stepson by her late husband's second wife. Her husband died in 1927, after, according to the averments in the written statement, making a will dated 1st May 1927, giving the plaintiff 40 acres of land, with which she was satisfied for 11 years, until she filed this suit in forma pauperis, for maintenance at Rs. 100 a month, arrears of maintenance for 11 years amounting to Rupees 13,200, the recovery of stridhanam jewels or their value estimated at Rs. 4800, Rs. 2000 for the construction of a house, and utensils valued at Rs. 150. This is prima facie a very exaggerated claim made without the curb of any court -fee, seeking relief of over RS. 20,000.

(3.) THE arbitrator accordingly, without taking any evidence, passed a brief award dealing with the claims made on the basis of the pleadings. His award gave Vengamma 8.1 cents of land more on the basis that she was in enjoyment of the 40 acres provided for her under her husband's will. He also awarded her a house for her residence which she may choose from among the houses belonging to the family other than the one occupied by the defendants. In addition, he gave her Rs. 1400 towards costs to be paid by the defendants within a month and also directed the defendants to pay the entire pauper court -fee on her plaint.