( 1 ) THIS Civil Misc. Appeal is against the order of the learned Subordinate Judge, Eluru, in E. P. No. 13 of 1959 in O. S. No. 44 of 1956. The relevant facts nay shortly be stated:

( 2 ) THE first respondent, Chandramma, sued in forma pauperis against the second respondent for partition of properties, and for maintenance. The suit was decreed on 4-3-1957, and the decree of the Subordinate Judge is in the following terms:" (1) That the plaint B schedule property be divided into two equal shares by metes and bounds and that the plaintiff be put in possession of one such share; (2) That the defendant do pay plaintiff arrears of maintenance at the rate of 20 bags of paddy per year or money for the said bags calculated at the then prevailing market rate, commencing from 16-11-1951 (i. e.) on the 15th March of every year in those years, and do also pay future maintenance at the rate of 35 bags of paddy per year from 1-1-1956 payable on or before the 15th of March every year: (3) That items 1 to 7 of plaint "c" schedule do stand as a first charge for the realisation of the maintenance awarded to the plaintiff as above; (4) That the suit be and the same is hereby dismissed