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1974 Supreme(SC) 18

P.K.GOSWAMI, P.N.BHAGWATI
Balbir Singh – Appellant
Versus
Bogh Singh – Respondent


Advocates:
S.Baggar, S.K.Bagga, S.K.Bisaria

Judgment

GOSWAMI, J.:- The appellant aged about 45 years at the time of trial is a crippled son of the respondent, Bogh Singh. Bogh Singh is in possession of ancestral land. The appellant is a disabled person having defective arms with which he cannot do any manual labour. Some time back his father executed an agreement in his favour to give him maintenance but subsequently he refused to do so. On the other hand he gave some of his land to his other sons. That led to the filing of a suit by the appellant against his father, the respondent, for grant of maintenance allowance at the rate of Rs. 150/- per month on the plea that he is entitled to it on the basis of custom. The suit was resisted by the respondent on various grounds. Several issues were framed in the trial and the Trial Court, amongst others, decided the first issue with regard to custom against the plaintiff, the appellant herein. The Trial Court found that the appellant was a disabled person but was not entitled to claim maintenance from his father. The other issues were also decided against the appellant. The suit was thus dismissed. The Additional District Judge, Ferozapore, in appeal held that the appellant, although



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