CHEDALAVADA SUBBAYYA Vs. CHEDALAVADA ANANDA RAMAYYA

JUDGEMENT

(1.) This Second Appeal arises out of a suit for partition. The plaintiff is the son of the 1st defendant by the latter's first wife. The 2nd defendant is the son of the 1 defendant by his second wife. The 3 defendant is the widow of a predeceased brother of the 1 defendant. The 1 defendant: has four daughters by his second wife, of whom the first had been married before and the others were all unmarried at the filing of the plaint. The eldest of these was married while the suit was pending before the District Munsif about four months before his judgment, and the other two still remain unmarried. The seventh issue in the case runs thus: To what provision, if any, is 1 defendant entitled for marriages of his unmarried daughters?

(2.) The District Munsif found that the 1 defendant spent Rs. 2,000 including dowry and expenses for the marriage during the pendency of the suit, and that the 1 defendant was entitled to one-third share from the plaintiff. Similarly he fixed Rs. 2,000 for each of the marriages of the remaining two girls to be married and the plaintiff's one-third share was charged on his share of the property. There was an appeal by the defendant and also a memorandum of cross-objections by the plaintiff. Among the points for determination stated by the Subordinate Judge are Point 3, namely: Whether the plaintiff is liable to contribute to the marriage expenses of the daughters of the second wife of the appellant.

(3.) and Point 4, namely: What were the expenses incurred in marrying the daughter of the appellant who was married after suit.