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1949 Supreme(Mad) 20

SUBBA RAO, PANCHAPAKESA AYYAR
Punukollu Parandhamayya – Appellant
Versus
Punukollu Navarathna Sikhamani – Respondent


Advocates:
C.V. Narasimha Rao for Appellant.
V.T. Rangaswami Aiyangar and K. Ramaseshayya for Respondent.

Judgment

Subba Rao, J.-This is an appeal against the order of the Subordinate Judge of Masulipatam, giving a decree in the terms of the award. The appellant is the husband of the respondent. They were married in the year 1930, and in 1944 disputes arose between them, and the wife was living apart from the husband from May 1944. She filed O.S.No.64 of 1944 on the file of the Subordinat Judge of Masulipatam for recovery of Rs.30,182-15-7 and also for return of movables. The relief was based upon a claim which is stated in paragraph 10 of the plaint as follows:

“Cash, immovable and movable properties mentioned in paragraphs 5 and 6 were intended as stridhanam for the benefit of the plaintiff and her children by the first defendant and were declared as presents in the name of the plaintiff even. If the first defendant’s story is that any of the presents were declared in name for the first defendant at the time of the marriage, since they were intended by the givers only for the benefit of the plaintiff, the plaintiff alone has got rights in them; it is so even according to the custom among the kammas. Apart from this, if estrangement results between the wife and husband, dowry and all ot




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