CHEBOLU SATYANARAYANAMURTHY Vs. CHEBOLU RAM SUBBAMMA

JUDGEMENT

(1.) This appeal, under Clause 15 of the Letters-Patent, is filed by the first defendant against the judgment of our learned brother, Seshachalapathi, J. with his leave.

(2.) The appellant and the second respondent are the sons of the first respondent. The first respondent laid an action (O. S. No. 156 of 1955 on the file of the District Munsifs Court, Bajah-mundry) against her two sons for maintenance at the rate of Rs. 100.00 per mensem and other amounts for utensils, pilgrimages etc., and a provision for residence in the family house.

(3.) Both the defendants resisted the suit. The plea taken by the appellant was that as he got divided from his father as far back as 1922, he was not liable to maintain his mother and that that was the obligation on his younger brother (second respondent), who was born after partition and lived in coparcenary with his father and succeeded by survivorship to his estate. The other facts pleaded by him are not quite relevant for the purpose of this enquiry.