Judgement

APPEAL from a judgment of the High Court and the decree made thereon (July 29, 1886) modifying a decree of the second Subordinate Judge of Hooghly (April 11, 1885). The facts are stated in the judgment of their Lordships. The report of the case in the Court below will be found in Ind. L. E. 13 Calc. 336. The question raised in this appeal was whether the effect of a partition between the Plaintiffs step-son and step-grandchildren on the one side, and her own and only son on the other, by which the last takes a separate third share, is or not by Hindu law to discharge the step-childrens two-third shares from the Plaintiffs previously existing claim for maintenance, and to limit it to the share of her own son, both in matter of amount and security.

The Subordinate Judge referred to the case relied on by the Respondent of Jeeomony Dossee v. Atmaram Ghose (Cited at page 64 of Sir F. Macnaghten’s “consideration on Hindu Law”), where a question is stated to have been raised as to whether a mother (not a party to the suit) of an only son was entitled on partition between her son and her step-sons to a separate share, and it was " understood and determined " that she was not so e