JUDGMENT

1. This is an appeal by the plaintiff in a suit for partition of joint property. The plaintiff and the first defendant are two brothers, and this litigation was commenced by the plaintiff for division of the properties jointly held by them. Subsequently, the third defendant, the widow of another brother of the plaintiff and the first defendant, who is now dead, was joined as a defendant. The husband of this lady died during the lifetime of the father of the plaintiff, and consequently never became entitled to the properties of his father. The lady claimed that provision might be made in the decree for her maintenance. The District Judge has given effect to this contention : and the only point in controversy in this appeal is, whether provision should be made for her maintenance in the decree for partition. Three points have been raised before us; namely, first, that the added defendant has no right of maintenance as against the estate received by her brother-in-law from their father; secondly, that if she had any such right, that has been extinguished by lapse of time; and thirdly, that if she has a subsisting right, it cannot be enforced in a suit for partition.

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