PALLAMREDDI AUDEMMA Vs. PALLAMREDDI VARADAREDDY

JUDGEMENT

(1.) These two appeals arise out of a suit for maintenance filed on 5 December, 1940 by the appellant in A.S. No. 262 of 1945, against her. step-son who is the appellant in A.S. No. 393 of 1945, and his paternal grand-mother who was the second defendant in the suit. The plaintiff asked for future maintenance at the rate of Rs. 720 per year, arrears of maintenance at the same rate restricted however to the consolidated amount of Rs. 4,000 and a provision for expenses of plgrimage estimated at Rs. 280. She also alleged that some of her jewels valued at Rs. 1,500 were with the defendants, and she prayed for their delivery or payment of their value. The learned Subordinate Judge of Nellore who tried the suit decreed the plaintiff's claim for maintenace at Rs. 360 per annum. He decreed arrears at the same rate but limited to three years prior to the suit. The claim for jewels or their value was negatived. Rs. 280 were directed to be paid to the plaintiff towards expenses of pilgrimage. The amounts decreed to the plaintiff were charged on items 15 to 76 of the plaint A Schedule.

(2.) In her appeal the plaintiff seeks enhancement of the rate of maintenance and also prays for a decree for Rs. 4,000 towards arrears. A direction is also sought as to her right of residence. The correctness of the decree granted by the Court below as to costs is questioned as also its finding as regards the jewels. In the appeal filed by the step-son (first defendant) it is argued that the plaintiff is not entitled to any maintenance at all as her claim was settled in 1913, that in any event the rate of maintenance should be reduced and the decree as to arrears vacated, that the charge should not have been imposed on what is described as almost the entire immoveable property owned by the first defendant and that it should be confined to a reasonable portion of the property.

(3.) The material facts and relationship may be shortly stated. The second defendant is the only child of one Chennuri Varadareddi and his wife Pitchamma. The second defendant married one Pallamreddi Mallareddi who admittedly had no ancestral property of his own. Seshureddi was the only child of this marriage. The plaintiff is Seshureddi's first wife, and the first defendant is his son by his second wife Kamalamma. Seshureddi married the first defendant's mother in May, 1912, and the plaintiff left the family house in 1913. Chennuri Varadareddi executed a will on 16 December, 1901 whereby he bequeathed his properties to his daughter, the second defendant and to his grandson Seshureddi. On 12 May, 1912, by which time Chennuri Varadareddi had died, Seshureddi and the second defendant divided the properties bequeathed to them by Varadareddi's will, Seshureddi taking 8 acres 23 cents of wet land, 6 acres 90-1/2 cents of dry land and outstandings of the value of Rs. 1,487-10-0, while the second defendant took 9 acres 481-1/2 cents of wet land, 6 acres 90-1/2 cents of dry land and outstandings of the value of Rs. 3,012-10-0. An extent of 3 acres 6 cents of wet land and outstandings of the value of Rs. 1,711-2-7 were allotted to the testator's widow Pitchamma for life with a remainder in favour of Seshureddi and the second defendant. It is recited in the deed of partition (Ex. P. 2) that as Mallareddi, the second defendant's husband, had no property of his own, some immoveable and moveable property was gifted to him, evidently referring to Ex. D. 18 whereby 2 acres 25 cents of wet land was given to him absolutely. This land remained in his possession and enjoyment till his death in 1927. The first defendant came of age in 1933. Considerable immoveable properties were thereafter acquired by him.