Devadoss, J.

1. The plaintiff obtained a decree for arrears of maintenance against her husband, the 1st defendant; she attached his property before judgment and a claim petition against the attachment was allowed in favour of the claimant. The appellant has brought the present suit for setting aside the order of the claim petition, and for a declaration that the suit property is liable to be attached and sold in execution .of her decree. The District Munsif decreed her suit as regards items 2, 3 and 4, and dismissed it as regards items Nos. 1 and 5. The Additional Subordinate Judge of Palghat has allowed her appeal as regards items Nos. 1 and 5. The 2nd defendant, the vendee of items Nos. 1 and 5 has preferred this second appeal.

2. It is contended by Mr. Ramachandra Aiyar for the appellant that the right to separate maintenance of a Hindu wife arises only in certain circumstances and when it does, the liability is a personal one and does not depend upon the possibility of property and the husband is entitled to alienate the property by sale or mortgage and the right to maintenance does not attach itself to his property till it is declared to be a charge on it by act of parti