RAMANUJAMMA Vs. NAGAMMA

JUDGEMENT

(1.) Ramanujamma, as sole plaintiff filed O. S. No. 68 of 1957 in the Court of the learned subordinate Judge, Anantapur claiming arrears of maintenance and also future maintenance at the rate of Rs. 600 per year on the ground that she was the exclusively kept concubine of the deceased, Anjanna Reddy, who was the son of Thimmappa and Nagamma and that she begot a son and a daughter to Anjana Reddy. There were two defendants in the case. Nagamma mentioned above was the first defendant and the second defendant. Ramayya, was her sister's son in whose favour she (Nagamma) had executed a Rift deed conveying the entire property which had come to her. The suit was dismissed. The plaintiff then filed an appeal in the Court of the District Judge, Anantapur and it was also dismissed. Thereupon the plaintiff filed this second appeal.

(2.) The relevant facts are as follows: Anjana Reddy was the only son of his father, Thimmappa and mother Nagamma. He was a married man and had a son. But all the same, he took over as his concubine the plaintiff who was herself a married woman. The plaintiff begot a son and a daughter to Anjanna Reddy. The latter executed a relinquishment deed, Ex. B-4 dated 4-5-1943 by which he relinquished his share in the joint family property entirely in favour of his father, Thimmappa. Subsequently Anjana Reddy issued a notice, Ex. A-2 dated 26-9-43 alleging that the relinquishment deed had been executed under coercion and was not valid. But all the same he did not choose to cancel that deed of relinquishment. Ultimately, he died on 30-1-1948. He left behind a minor legitimate son Venkatarama Reddi by his wife in addition to his (Anjana Reddy's) own parents. Thimmappa himself died in about 1951 or 1952. Later, Venkatarama Reddi died. Ultimately, the plaintiff filed the suit on 26-6-1957 in forma pauperis and was originally numbered as OP. No. 50 of 1957.

(3.) The contentions in the plaint were to the following effect. The plaintiff was the permanently kept concubine of Anjana Reddy. She and her children were maintained by Anjana Reddy till the latter died and after the death of Anjana Reddy Thimmappa maintained the plaintiff and her children and subsequently he stopped payment Thereupon, a panchayat was held by many persons including P. Ws. 2, 4 and 5. The panchayatdars decided that the plaintiff should be given wet land bearing survey No. 412/4 and a dry land bearing survey No. 363/2 and a portion of the house mentioned in the plaint schedule for her residence. After that Thimmappa died. The plaintiff in her plaint mentioned as follows: