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1957 Supreme(AP) 220

UMAMAHESWARAM
Samudrala Seetaramacharyulu – Appellant
Versus
Samudrala Ranganayakamma – Respondent


Advocates:
P.V. Vallabhacharyulu, for Appellants; Messrs. M.S. Bamachancira Bao and M. Krishna Bao, for the 1st Bespondent and C. Poornaiah for 3rd Bespondent.

JUDGMENT : This appeal is directed against the judgment and decree of the Subordinate Judge of Amalapuram fixing the maintenance of the plaintiff at Rs. 1200/- per year. Defendants 1, 2 and 4 are the appellants and their main contention is that the rate fixed is high and excessive. The question for consideration in the appeal is as to whether the amount of maintenance fixed by the Court below is fair and reasonable.

2. Sri P. V. Vallabhacharyulu, the learned Advocate for the appellants, contended that the Subordinate Judge ought not to have acted on the report of the Commissioner Sri B. Prakasam for fixing the net income derived from the lands belonging to the joint family. In order to appreciate his argument, it is necessary to set out a few facts leading to the appointment of Sri B. Prakasam as a Commissioner.

Immediately after the institution of the suit, the plaintiff, respondent herein, applied for the appointment of a commissioner to estimate the value of the crops standing on the various lands so as to arrive at an estimate of the net income. The petition was allowed and an Advocate Sri G. V. S. Prakasa Bao was appointed as a Commissioner. He submitted a report and both the pa































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