CHUNDI BAPAMMA Vs. BOGGAVARAPU PEDA PUNNAIAH

JUDGEMENT

(1.) This second appeal is directed against the judgment dated 13-9-1990 in A.S.No.85 of 1988 on the file of the Court of the District Judge, Guntur reversing the judgment and decree in O.S. No.300 of 1981 on the file of the Court of Additional Subordinate Judge, Narasaraopet.

(2.) The appellant herein is the plaintiff in O.S. No.300 of 1981 which was filed seeking a declaration that she has become the absolute owner of the Items 1 to 3 of the plaint A-schedule property by virtue of the provisions of the Hindu Succession Act, 1956 and for the enhanced maintenance at the rate of Rs.5,000/- per annum and to create a charge on the plaint 'B' schedule property for the said payment. The respondent herein/the sole defendant contested the suit claim. The trial Court by judgment dated 31-12-1987 partly decreed the suit declaring that the plaintiff became full owner of Item Nos.1 to 3 of the plaint- A schedule property by virtue of Section 14(1) of the Hindu Succession Act, 1956 (for short "the Act"). However, her claim for maintenance was refused. Questioning the said judgment and decree to the extent it went against him, the defendant filed A.S.No.85 of 1988. The plaintiff preferred cross-objections so far as the dismissal of her suit claim with regard to the maintenance was concerned. The lower appellate Court by judgment dated 13-9-1990 allowed the appeal and dismissed the cross-objections. In the result, the judgment and decree of the trial Court dated 31-12-1987 was set-aside in toto. Hence, this second appeal by the plaintiff.

(3.) It is to be noted that pending the second appeal the sole plaintiff died on 8-8-2003 and by virtue of the order dated 28-1-2005 in C.M.P. No.19270 of 2003, the adopted son of the deceased plaintiff was brought on record as the legal representative.