JUDGMENT :- This is an appeal preferred against the decree and judgment of the learned District Judge of Tirunelveli in A. S. No. 3 of 1953 confirming the order and decree of the learned District Munsif of Tirunelveli in E. A. No. 291 of 1952 in O. S. No. 77 of 1951.

2. The facts are : On 26-1-1947 one Md. Kasim Taraganar appears to have entered into an arrangement with his sons and grandsons purporting to release all his rights in the coparcenary properties in return for an undertaking by them to supply him with food and clothes. The original settlement deed is not forthcoming and I am reproducing the terms from the information given in the subsequent assignment deed of 01-11-1951.

3. This Taraganar filed O. S. No. 77 of 1951 apparently on the ground that the promise of maintaining him was not kept up and claimed past and future maintenance. In the suit the sons and grandsons were defendants.

4. In the course of pendency of the proceedings this Taraganar executed what is called an assignment deed in favour of his grandsons assigning his maintenance from 20-2-1951 to 30-10-1951 amounting to Rs. 416-10-8 plus a sum of Rs. 1800 which is said to have been due by way of past main