9911796707
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Issues:
- Appeal against decision of High Court of Madras modifying District Court of Kistna's decision for maintenance suits. - Determination of maintenance amount and arrears claimable by younger brothers against zemindar of Challapalli. - Whether arrears of maintenance should be reduced by the High Court. - Dispute over maintenance being a charge on the entire zemindary estate. - Justification for maintenance claim despite previous partition suit. - Evaluation of evidence required to prove wrongful withholding of maintenance for arrears claim. - Decision on appeals and cross-appeals regarding maintenance and arrears. Analysis: 1. The judgment involved appeals and cross-appeals against a decision of the High Court of Madras modifying a decision of the District Court of Kistna in two maintenance suits brought by younger brothers against the zemindar of Challapalli. The suits sought maintenance, arrears, marriage expenses, and provision of housing and lands. The District Court decreed maintenance at a reduced rate and arrears for twelve years, holding the claims valid and not barred by limitation. The High Court agreed on most points but reduced arrears and disagreed on maintenance being a charge on the entire zemindary estate. 2. The Privy Council agreed that the family remained undivided despite a previous partition suit, and the zemindary estate being impartible entitled the younger brothers to maintenance rights. The amount of maintenance decreed by the District Court was upheld, and the High Court's reduction of arrears was challenged. The High Court's reasoning for limiting arrears was analyzed, with reference to previous cases, concluding that non-payment of maintenance constitutes prima facie proof of wrongful withholding, requiring a case-by-case assessment. 3. The judgment addressed the argument over reducing arrears of maintenance awarded by the lower court, emphasizing the need to prove wrongful withholding despite no specific demand. The Privy Council critiqued the High Court's reasoning, citing cases to support the position that non-payment of maintenance is evidence of withholding. The judgment highlighted the need for a comprehensive evaluation of circumstances to determine if prima facie proof of withholding had been rebutted. 4. The conclusion was in favor of the plaintiffs, dismissing the defendant's appeals and allowing the plaintiffs' cross-appeals to restore the District Court's judgment on arrears. The zemindar was ordered to pay the plaintiffs' costs of appeal to the High Court. The Privy Council advised Her Majesty accordingly, directing the defendant to bear the costs of the appeals while excluding expenses related to irrelevant material in the record.
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