Honble BHARUCHA, J. – This appeal by special leave impugns the judgment and order dated 8th May, 1970 of the High Court of Rajasthan. The issue in the appeal relates to the application of Section 14(1) of the Hindu Succession Act, 1956. It stands outside the line of cases decided by this Court in that it is argued that, in giving maintenance, provision for residence is not to be made.

(2). One Karam Chand had two sons, Dhanraj and Askaran. Dhanraj died in 1891 leaving no issue. Askaran had two sons, Johri Mal and Bhikam Chand. In 1905 Johri Mal was taken in adoption by Dhanrajs widow. After the adoption of Johri Mal, Askaran and Bhikam Chand remained co-parceners until the death in 1911 of Bhikam Chand. Bhikam Chand left behind his wife Sukh Devi and a daughter. On 7th February, 1928, Askaran executed a will bequeathing his estate to Johri Mal. Sukh Devi, who has been living with her father-in-law Askaran, protested; being the widow of a co- parcener she was entitled to be maintained out of joint family property. An agreement was then entered into between Askaran and Sukh Devi. It was dated 26th June, 1934. It recited that Sukh Devi had been boarding and lodging with Askaran, and th

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