( 1 ) THIS application (I. A. 2538/97) has been filed by the plaintiffs inder Section 20 of the Hindu Adoptions and Maintenance Act (for-short "the Act") for grant of interim maintenance and for return of Istridhan etc.

( 2 ) AMARDEEP Singh was married to plaintiff No. 4 on 25. 9. 1982. He died on 20. 10. 1995. Plaintiffs I and 2. his two minor sons, plaintiff No. 3, a minor daughter and. . . plaintiff No. 4 his widow have filed the suit for partition of movable and immovable properties alleged to be joint family properties, grant of maintenance and recovery of Instridhan of plaintiff No. 4. The defendants No. 1 to 4 are father, mother, brother and brother s wite respectively of Amardeep Singh.

( 3 ) IT is alleged that Amardeep Singh was working alongwith his father in the joint familv business of manufacturing and repair of various agricultural implement s being run under the name of Guru Gobind Singh Iron Works. That business was formerly being run by defendant No. 1 as Karta in partnership with his brother Sardar Kamail Singh but partnership was dissolved on 30. 9. 1990. Then the business was started in partnership between defendants No. 1,3 and Amardeep Singh on 1. 10. 1990 This business otherwise was a joint family business.

( 4 ) IT is alleged that joint family acquired various properties out of the joint family business and funds, namely (1) Property No. 2003, Railway Road, Narela; (2) joint family business being carried in the same property ; (3) l000 sq. yds. plot of land , at Kureni village (4) 700sq. . yds. plot in Khasra No. 11/16/2 Village Sanoth; (5)250 sq. . yds. ,plot at. Swatantra Nagar Narela; (6) A jeep; (7) A scooter; and (8) ,rs. 3,50,000 in cash it is also alleged that valuable dowry goods, jewellery and cash of Rs. 21,000. 00 Were given by her parents and gold jewellery was also given to her by defendants and at the time of marriage of plaintiff No. 4, which remained and is with the defendants. After the death of Amardeep Singh, the plaintiffs were thrown out of the house on 12. 1. 1997 in wearing clothes. Neither any dowry Instridhan articles nor any share in the joint family properties lias-been given to the plaintiffs; plaintiffs have no earnings, means or assets for their maintenance and are depending on the brother of plaintiff No. 4 for their maintenance. Interim maintenance has been claimed @ Rs. 15,000. 00 per month.

( 5 ) PLAINTIFFS have been allowed to sue as indigent persons.

( 6 ) DEFENDANTS in their written statement and reply have denied that there was any joint family business or the family owned any joint family funds or property. It is alleged that defendant No. 1 was formerly doing business in partnership with his brother Sardar Karnail Singh since 1948 uptil September, 1990 and the earnings from the business in his self acquired income; there were no joint family funds or property; that he had purchased a house in 1972 out of his self earnings, that house was sold in 1988 for Rs. 1,60,000. 00 and outofits sale proceeds he purchased property at 2003, Railway Road, Narela; and plot of land at village Kureni, and he had no other property, that Amardeep Singh after his marriage in 1982 started residing separately and had his own separate business and independent income. He was taken as partner for a short period but he did network, he was addicted to drinking and due to his bad habits the partnership had to be dissolved in 1992 itself; after his death plaintiff No. 4 is doing the business of her husband and also embroidery work earning a handsome income; that plaintiffs have left his house without any reason; he is ready to support them if they live with him in his house. It is denied that there was any joint family funds or the business is joint family business or the business was started with any joint family funds. It is thus denied that the plaintiffs are entitled to any maintenance.

( 7 ) LEARNED Counsel for the plaintiffs has contended that the family is joint, business i