NAGADEVARA VENKATASUBBAMMA Vs. NAGADEVARA VENKATAESW ARALU, MINOR BY MOTHER AND GUARDIAN SARVALAKSHMAMMA

JUDGEMENT

(1.) This is a suit for maintenance by a Hindu widow. The plaintiff's late husband and the deceased father of the defendant were undivided brothers owning joint family property, movable and immovable. The immovable property consisted of a house and site described in the B Schedule to the plaint and the land described in A Schedule thereto which comprised certain purohit service inam lands in Anaparthi village.

(2.) The learned District Munsif who tried the suit took into account the income from all the items of immovable property and movable property and gave a decree to the plaintiff fixing Rs. 100 per annum from date of plaint and past maintenance at Rs. 30 per annum for six years prior to suit and provided also for her residence.

(3.) On appeal the learned Subordinate Judge was of opinion that the income from service inam lands should not have been taken into consideration but nevertheless considered that the rate of Rs. 100 per annum was a proper rate having regard to the income of the family even excluding the income from Anaparthi lands but modified his decree by directing that the maintenance should be payable at the rate of Rs. 100 only from 1935 but at the rate of Rs. 72 from date of plaint up to 1935 and confirmed the decree of the District Munsif in other respects save in regard to the date from which the arrears of maintenance had to be paid.