Supreme Court of India · 1963-02-11
JANAPAREDDY LATCHAN NAIDU vs JANAPAREDDY SANYASAMMA
- Citation / case number
- SC 1961/243
- Court
- Supreme Court of India
- Petitioner
- JANAPAREDDY LATCHAN NAIDU
- Respondent
- JANAPAREDDY SANYASAMMA
- Author
- GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAHC.
- Bench
- GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAH, J.C.
Judgment text excerpt
The Supreme Court held that a maintenance decree creates an executory charge that remains enforceable as future sums become due, as per Section 47 of the Code of Civil Procedure, 1908. The Court clarified that the charge on the properties continues until all future amounts cease, and the respondent cannot be compelled to proceed against properties in her possession. The High Court's decision to allow the execution of the decree against other properties was upheld, affirming the nature of the charge as distinct from a mortgage.