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1943 Supreme(Mad) 75

PATANJALI SASTRI
Kondapalli Sudarsana Rao – Appellant
Versus
Putta Dalayya – Respondent


JUDGMENT

Patanjali Sastri, J.

1. The facts giving rise to this second appeal are simple and not in dispute. One Appanna Dora died in 1906 having executed a will whereby he gave his widow power to adopt. The widow adopted the appellant in 1913 when he was still a minor. The natural father of the appellant acting as his guardian executed a deed of maintenance in favour of Ammanna , the mother of Appanna, on 13th April, 1914, agreeing to pay her maintenance at the rate of seven garces of paddy every year with interest at the rate of two addas per putti per month in case of default of payment on the due date. Ammanna assigned to the respondent herein the arrears of maintenance due for the four years from Promoduta to Sreemukha (both inclusive) under two assignment deeds dated 21st January, 1933, and 24th September, 1934, respectively, whereupon the respondent brought the suit for recovery of the arrears with interest, impleading the appellant who had attained majority as the first defendant and his natural father who executed the maintenance deed and his adoptive mother as defendants 2 and 3 respectively, but praying for a decree only against Appannas estate now in the hands of the appel











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