KUMARI SAUDAMINI Vs. B. ARNAPURNA BEBERANI

JUDGEMENT

(1.) THE Plaintiff has preferred this appeal against the judgment and decree passed by the learned Subordinate Judge. Aska reducing her share in the joint family property and maintenance as allowed to her by the trial Court and also negativing the claim of marriage expenses which had been allowed by the trial Court. The joint family consisted of B. Kanbu Behera and his three sons: B. Padmanav, B. Laxmi narayan and B. Gopal. B. Padmanav died in 1950 leaving his wife B. Padmabati and daughter Saudamini the Plaintiff. The widow B. Padmabati re -married in 1955' and left the family. The father B. Kanhu Behera died on 24 -8 -1957. The suit was instituted by the Plaintiff in 1970 claiming 1/3rd share of the joint family properties, for past maintenance and for marriage expenses impleading B. Laxminarayan as Defendant No. 1, B. Gopal as Defendant No. 2 and B. Hiramani, wife of B. Kanhu as Defendant No. 3,. During the pendency of the suit, Defendant No. 4 died. All the Defendants contested the suit jointly and resisted the Plaintiff 's case denying her father to be a member of the coparcenary since he had earlier separated from the joint family by partition. The Plaintiff was thus denied to have any interest in the joint family properties.

(2.) THE suit was decreed by the learned Munsif preliminarily declaring 1/3rd share in favour of the Plaintiff granting past maintenance of Rs. 1,080/ - @ Rs. 30/ - per month for the proceeding three years and marriage expenses to Rs. 500/ -.

(3.) MR . Murty the learned Counsel appearing for the Appellant has urged that the share of the Appellant has been wrongly determined by the learned Subalternate Judge and that on correct determination it should be 1/3rd. He also urges that negativing the marriage expenses and reduction of maintenance are wholly without any, basis.