Orissa Court February 1950 Judgments

Province of Orissa Vs. G. Venkata Rangamma and anr.

Court: Orissa

Reported in: AIR1950Ori220; 16(1950)CLT92

Jagannadhadas, J. 1. The Province of Orissa ig 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 pauperis decreed in favour of the plaintiff therein. In T. S. No. 9/45, 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 husband's ancestral property. The suit was in forma pauperis. The Court decreed enhanced maintenance at the rate of Ra. 480 per year payable by 15th September of every year commencing from the year 1944-45, the first payment falling due on 18th September 1945, with a charge on the plaint schedule properties for the same. The plaintiff's 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...