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1963 Supreme(SC) 35

K.C.DAS GUPTA, K.N.WANCHOO, M.HIDAYATULLAH, P.B.GAJENDRAGADKAR, J.C.SHAH
Janapareddy Latchan Naidu – Appellant
Versus
Janapareddy Sanyasamma – Respondent


Advocates:
E.UDAYARATHNAM, K.R.CHAUDHARY, P.RAM REDDY, V.C.PRASHAR

Judgment

HIDAYATULLAH, J. : The respondent who is the wife of the appellant obtained a decree for maintenance on August 9, 1949, by which the appellant was ordered to nay Rs. 3000 per year to her on the 28th day of February of every year with interest at 6 % per year if the payment was not made on the due date. The decree included ascertained amounts as arrears of past maintenance and other items to which detailed reference is not necessary in addition to the personal liability the decree created a charge for past and future maintenance on three lots of properties.

2. The respondent filed execution petition No. 91 of 1952 for execution of the maintenance decree and sought to bring the properties charged by the decree to sale. She purchased two items of the properties for a sum of Rs. 20,200 subject to her maintenance charge after obtaining the permission of the Court. Later she filed execution petition No. 43 of 1955 seeking to bring to sale properties other than those purchased by her in the earlier execution. The appellant also filed an application under S. 47 of the Code of Civil Procedure to record full satisfaction of the decree on the ground that the respondent by purchasing th








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