Somayya, J.

1. The second defendant in a suit for maintenance brought by the plaintiff first respondent is the appellant in this Court. The first respondent is the widow of one Chinnappa Goundan. Chinnappa Goundan and Muthuswami were brothers. They became divided under a partition deed Ex. D in the year 1919. At that time, their mother and grandmother and an aunt of theirs were alive. The properties now in suit and a house were set apart for the maintenance of the three ladies to be enjoyed by them for their life. Chinnappa, the plaintiffs husband, executed a will in favour of his brother Muthuswami. He directed the legatee to pay Rs. 17 to 20 per month to his wife the plaintiff for her maintenance. The will declared that if the legatee failed to pay the maintenance to his wife, she would have a right to recover it from the propsrties of Chinnappa Goundan which remained in the hands of the first defendants father after paying his debts. It also provided that the land that was set apart at the time of the partition for the maintenance of his mother and aunt should go to the legatee after their life. The plaintiff filed a suit in forma pauperis on the 10th March, 1932, for mai