TYAGARAJA MUDALIYAR Vs. VEDATHANNI

JUDGEMENT

(1.) The plaintiff Vedathanni, widow of the late Ramalinga Mudaliyar, who died without issue on 23 December 1912, instituted this suit, on 25 July 1925, in the Court of the Subordinate Judge of Negapatam, against the two widows of T. Somasundara Mudaliyar, her husband's brother, who had survived him, impleading also the minor defendant 3 who had been adopted by the junior widow on 1 July 1925, and defendants 4 and 5 who had been appointed receivers of the family properties in the suit instituted by defendant 1 disputing the adoption. The plaintiff claimed to recover arrears of maintenance from 1 January 1914, when she began to live separately from her husband's family at the rate of Rs. 10,000 a year. It was stated in the plaint that the ante-adoption deed executed on behalf of the minor defendant 3 by his natural father, on 21 June 1925, in favour of the adopting widow had made a provision for the plaintiff's maintenance which would work out at Rs. 10,000 a year and in the interests of peace she was willing to accept this sum although it was much below what would be legitimately due to her.

(2.) It was alleged in the plaint that the two brothers Somasundara and Ramalinga Mudaliyar were members of an undivided Hindu family and owned extensive moveable and immovable properties in the Tanjore District of the approximate value of about 50 lakhs, Rupees 50,00,000, but had been living separately and enjoying the said lands in separate portions; and that in consequence, on Ramalinga's death, Somasundara, the surviving brother, feeling nervous as to the possibility of his widow, the plaintiff, setting up the case that the brothers had separated and that the plaintiff was accordingly entitled to a widow's estate in one-half of the family properties, was anxious that a document should be executed evidencing the undivided status of the family. With this object, a document was executed on 28 December 1912, by the plaintiff and by Somasundara affirming the undivided status of the family and purporting to make provision for the plaintiff's maintenance. It was however distinctly understood that this document was not to be the final contract for the plaintiff's maintenance but was solely intended as a voucher establishing the joint undivided nature of the family, it being agreed that the plaintiff?s claim for maintenance on a scale commensurate with the position and status of the family was to be left over for future settlement at leisure. Consequently the provision for maintenance in the deed was never given effect to or acted on by the parties, and Somasundara continued in possession and enjoyment of all the family properties until his death on 17 January 1925. The plaintiff had lived separately from her husband's family from the beginning of 1914 (being maintained as appeared from the evidence by her own family) and had repeatedly asked Somasundara to make due provision for her maintenance. He had repeatedly promised to do so, but died without having made any such provision or paid her anything for her maintenance.

(3.) Defendant 1 did not file any written statement, and defendant 2, in a joint written statement filed on behalf of herself and the minor defendant 3, put the plaintiff to the proof of the allegations in the plaint. She stated that she was informed and believed that fur several years past the plaintiff had not received any income from the lands set apart for her maintenance, and was therefore entitled to the mesne profits in respect of past maintenance. As regards the future, she admitted the execution of the ante-adoption deed making provision for the plaintiff, and as the matter concerned the estate of the minor defendant 3, she left the Court to fix such maintenance as might be deemed reasonable. The family admittedly owned 1,500 velis of wet and dry land of the approximate value of no less than 50 lakhs of rupees which they had apparently acquired in the course of their money-lending business by buying up the holdings of raiyats with whom the land revenue had been temporarily settled under the raiyatwari system prevailing in Tanjore. They also owned several lakhs of rupees invested in the money-lending business. Some time before the death of the plaintiff's husband, the two brothers had divided their lands and begun to live separately, and according to the evidence the income from the lands in the husband's possession amounted to Rs.70,000, all of which he spent.