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1970 Supreme(Ker) 100

P.SUBRAMONIAN POTI
Kaveri Amma – Appellant
Versus
Parameswari Amma – Respondent


Judgment :-

1. The interesting question that arises for decision in this Second Appeal is whether a Hindu widow who had obtained a decree for maintenance charged on certain properties of the joint family is entitled to claim enhanced maintenance out of these properties latter, on the plea that the circumstances have altered justifying enhancement of maintenance when the properties have passed into the hands of an alienee purchasing for consideration with notice of the decree obtained by the widow for maintenance. The trial court found that the widow, who is the plaintiff, was entitled to sue for enhancement of maintenance. But the appellate court has reversed this and has dismissed the suit. This appeal is by the widow who has been so non-suited by the appellate decision.

2. One Kaveri Amma, who was the plaintiff, married one Vishnu Bhatta who died leaving the plaintiff a widow at a very early age. The joint family of Vishnu Bhatta was possessed of extensive properties. Kaveri Amma brought a suit for maintenance in the District Munsiff's Court of Puttur. The matter was compromised and decree was passed in terms of the compromise on 12-3-1923. Ext. B. 4 is the copy of that decree. It


































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