( 1 ) THE facts out of which this appeal arises are not ill dispute. They are briefly as follows:

( 2 ) RESPONDENT No. 1 Krishna Bhamini Debi, widow of late Bibhakar Chatterji, obtained a decree against respondent No. 2 Amal Krishna Chatterji, her step-son, in Title Suit No. 268 of 1945. The decree was modified on appeal and this decree, so modified, is in the following terms:"the appellant, namely, Krishna Bhamini Debi will recover past maintenance for three years at the rate of Rs. 10/- per month or Rs. 630/- in all. She will also get maintenance at the same rate since Jaistha, 1351 B. S. The amount of court-fees payable by the appellant in the two courts should be recoverable by the Government from the respondent No. 1 alone and will farm a first charge on the property left by Bibhnkar Chatterji. There will also be a" second charge on the one-third share of the plaint lands for the maintenance of the appellant". It is this last sentence of the decree with which we are concerned in this appeal. Krishna Bhamini filed an execution petition which was registered as Title Execution Case No. 120 of 1948 for realisation of arrears of maintenance from Jaislha, 1351 B. S. to