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1964 Supreme(AP) 119

NARASIMHAM, P.CHANDRA REDDY
Gadam Reddayya – Appellant
Versus
Varapula Venkataraju – Respondent


CHANDRA REDDY, C. J.

( 1 ) IN this appeal under clause 15 of the Letters Patent, with the leave of the learned Judge, the crucial terms of the maintenance deed (Ex. A. 8) which fall to be considered are : -"challamma during her life time, can raise the crops and shall enjoy the fruits and she cannot contract any debts on the security of the said lands. "

( 2 ) THIS deed, Ex. A. 8 came into existence in the following circumstances : A widow by name Chellamma adopted the plaintiff sometime after her husbands death early in 1935. Shortly thereafter, there were some disputes between the plaintiff and the widow Chellamma, which were referred to some mediators for settlement. Ultimately, it ended in settlement evidenced by Ex. A. 8 by and under which she was given four acres of wet land and one acre of dry land to be enjoyed by her for her life and the rest of the property to be taken by the plaintiff in recognition of his rights as an adopted son. It was agreed that the cist was to be paid by each of the sharers on his or her share of the lands from that time. Chellamma executed a will in 1955 under Ex. B. 1 in favour of her nephew, but she died on the 20/08/1956, i. e. , sometime after













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