S KAMESHWARAMMA Vs. S SUBRAMANYAM

JUDGEMENT

(1.) This is a plaintiffs appeal against the decree and judgment of the Court of the Subordinate Judge, Kaklnada, dismissing O. S. No. 137 of 1950 filed by the appellant in form a pauper is for recovery of maintenance at an enhanced rate.

(2.) The plaintiffs husband late Achanna and defendants 1 to 3 are members of a joint Hindu family. Plaintiffs husband died in the year 1916 without issue. After his death, the plaintiff filed O. S. No. 41 of 1923 for recovering maintenance from the members of the family. That suit was compromised and. under the compromise decree made on dated 2/08/1924, she was awarded maintenance at the rate of Rs. 240.00 per year. It was also agreed between the parties that the plaintiff should not raise any dispute claiming enhanced rate of maintenance and the dependants should not raise any dispute for reducing that rate. Pursuant to the compromise, the plaintiff had been receiving maintenance at the agreed rate till she filed the present suit. In the suit, she claimed that the family had become very rich and that in the changed circumstances, she would be entitled to maintenance at the rate of Rs. 2.400.00 per year and also to cash of Rs. 3.000.00 for performing vrathams, nomulus etc.

(3.) The defendants stated that the present value of the property owned by them was exaggerated and that, in any event, she was bound by the compromise decree and could not claim any amount higher than that fixed thereunder.