Judgment

KOSHAL, J.:- The facts giving rise to this appeal by special leave against a decree dated Nov. 5, 1976 of the High Court of Gujarat may be better appreciated with reference to the following pedigree-table :

2. In the year 1908, Ranchhodji, son of Dahyabhai instituted Civil Suit No. 403 of 1908, against Bhimbhai son of Haribhai, Dayalji and Dahyabhai sons of Mohanbhai, Motabhai son of Gulabbhai, Bai Amba widow of Nichhabhai and Bai Vajia widow of Surbhai, for a partition of the joint Hindu family properties belonging to the parties. The suit resulted in a decree dated August 18, 1909 which provided, inter alia, that Dayalji and Dhayabhai sons of Mohanbhai, and Motabhai son of Gulabhai would be full owners of Survey Nos. 31 and 403 and also owners of a half share in Survey Nos. 591, 611; 288 and 659/3. These persons were burdened by the decree with the responsibility to pay an yearly maintenance allowance of Rs. 42/- to Bai Vajia on Magsher Sud 2 of every year and the decree further provided that in the event of default in payment of such allowance continuing for a period of a month after the due date, Bai Vajia would be entitled to take possession of the land above-mentioned