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1951 Supreme(SC) 69

S.MURTAZA FAZAL ALI, M.C.MAHAJAN, VIVIAN BOSE
Mothey Anjd Rataa Raja Kumar – Appellant
Versus
Koney Narayana Rao – Respondent


Advocates:
K.S.KRISHNASWAMI AIYANGAR, M.S.K.AIYANGAR, M.V.NAGARAMIAH, P.SOMASUNDRAM, SARDAR BAHADUR SAHARYA, T.VENKATADRI

Judgement

FAZL ALI J. : These two appeals arise out of a suit filed by Koney Narayan Rao and 3 others (who are the respondents in Appeal No. 26 and the appellants in Appeal No. 27 and will hereinafter be referred to as "the plaintiffs ) against one Ganga Raju (since deceased) and his adopted son, Mothey Anja Ratna Raja Kumar (who is the appellant in Appeal No. 26 and the respondent in Appeal No. 27)

2. The plaintiffs are the illegitimate sons of Ganga Raju, and their suit was for maintenance at the rate of Rs. 400 per mensem for each of them with a charge on the joint family property of Ganga Raju. Both the District Judge of West Godavari who tried the suit and the Madras High Court have held that the plaintiffs are the illegitimate sons of Ganga Raju and that they are entitled to maintenance. The trial court decreed maintenance at the rate of Rs. 100 per mensem for each of the plaintiffs, but the High Court has enhanced the amount of maintenance to Rs. 200 per mensem. Both the parties have now filed appeals in this Court against the decree of the High Court.

3. The main dispute in these appeals is as to the quantum of maintenance. It was contended in the course of the arguments that








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