( 1 ) THE main question that is raised in this appeal turns upon the application of section 39 of the Transfer of Property Act to the right to maintenance claimed by a wife against her husband. Under section 39 where a third person has a right to receive maintenance or a provision for advancement or marriage, from the profits of immovable property and such property is transferred, the right may be enforced against the transferee, if he has notice thereof, or, if the transfer is gratuitous ; but not against a transferee for consideration and without notice of the right, nor against such property in his hands. The question is whether a wife has a right to receive maintenance from the profits of immovable property in the hands of her husband. On this question, a decision of a single Judge of the Madras High Court and that of a single Judge of Andhra High Court speak in different voices. While Chandrasekhara ayyar, J. , in Pavayammal v. Samiappa Goundan, (1947) 1 M. L. J. 329. says mat a wife has not got a right to receive maintenance from the profits of immovable property, Viswanatha sastri, J. , in Manikyam v. Venkayamma, (1956) An. W. R. 1021. holds that she has suc