P. N. MOOKERJEE, J.

( 1 ) THIS is an unfortunate proceeding between a mother and her son. Under a partition decree, the mother, who is the respondent before us was declared to be the owner of one-fifth share of the properties, involved in the said partition suit. This decree, which was in the nature of a preliminary decree for partition, was made on May 22, 1947, in the aforesaid partition suit (Title Suit No. 39 of 1946 of the Second Court of the Subordinate Judge of Howrah ). This preliminary decree was adjusted by a subsequent consent order, dated October 1, 1948, whereby the mother decree-holder, who is the respondent before us, agreed to take a monthly allowance of Rs. 90/-per month from the appellant son in lieu of her aforesaid one-fifth share making the said allowance a charge on the said son's allotment In the said order for adjustment, there was a provision also for maintenance and marriage expenses of the four sisters of the appellant.

( 2 ) ON February, 10, 1949, there appears to be a further agreement between the parties whereunder, the mother decree-holder before us, became prima facie entitled to claim payment of the aforesaid monthly allowance at double the rate,

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