GANTA KONDAMMA Vs. GANTA SEETHAMMA

JUDGEMENT

(1.) There were two brothers G. Chenchu Naidu and Narappa Naidu. They constituted a Hindu Joint Family. They owned A schedule immovable properties at Kesavaram village. Chenchu Naidu died undivided some 37 years before without leaving no issue. The plaintiff is the widow of Chenchu Naidu. She claimed maintenance from Narappa Naidu who was the sole surviving coparcener. As a result of some mediation, the plaintiff and Narappa Naidu came to an agreement. Narappa Naidu paid Rs. 400.00- in full quit of maintenance keeping in view the property of the family. She executed a registered relinquishment deed on 14-9-1936 whereby she gave up all her rights in the family immovable property and also gave up her rights of maintenance against the family. She agreed not to raise any dispute about her maintenance thereafter.

(2.) While so, she instituted a suit for recovery of past and future maintenance. She claimed 1/2 putties of paddy, Rs. 300.00- per annum towards clothing and utensils, and Rs. 3,000.00- towards provision for residence. She also claimed Rs. 4,950.00- arrears of maintenance of six years. She contended that the amount paid under Exhibit B-1, the relinquishment deed was temporary and as the cost of living had increased, the amount was insufficient. It was also stated that the defendant, who is the widow of Narappa Naidu, is receiving a large income from the family properties. Therefore she is entitled to the enhanced maintenance.

(3.) The suit was resisted by the defendant mainly on the ground that under Exhibit B-1, the plaintiff had relinquished her right of maintenance. Therefore she cannot claim any maintenance, leave aside the enhanced maintenance.