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1950 Supreme(Ori) 8

JAGANNADHA DAS, NARASIMHAM
Province of Orissa – Appellant
Versus
G. Venkata Rangamma – Respondent


Advocates:
The Advocate-General - for Appellant. P.V.B. Rao - for Respondents.

Judgement

JAGANNADHADAS, J. :- The Province of Orissa is the appellant in this appeal. It arises out of an application for execution filed by the Government to recover the costs of a suit in forma pauper is decreed in favour of the plaintiff therein. In T. S. No. 9/15. one G. Venkata Rangamma, filed a suit for enhancement of her maintenance against one G. Gunnamma, the former being the mother-in-law of the latter, who was in possession and enjoyment of her deceased husbands ancestral property. The suit was in forma pauperis. The Court decreed enhanced maintenance at the rate of Rs. 480 per year payable by 15th September of every year commencing from the year 1944-45, the first payment falling due on 15th September 1945, with a charge on the plaint schedule properties for the same. The plaintiffs claim for arrears of maintenance was disallowed. In view of the fact that the plaintiff made an exaggerated claim of Rs. 1200 per year and also for arrears at that rate and since the major portion of the plaintiffs claim was disallowed, the learned Subordinate Judge ordered that the parties shall bear their own costs and also that the court-lees payable to the Government in respect of the pa




















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