Venkatasubba Rao, J.

1. The question I have to decide in this suit is mainly a question of law--does a widows claim to maintenance take precedence over debts binding on the family? The plaintiff is the mother of defendant 1 who having become an insolvent is now represented by defendant 4, the official assignee, in whom the insolvents property has vested. The plaintiffs husband carried on business in diamonds and his son, the defendant 1, assisted him in that business. It is not seriously disputed that the property of which the plaintiffs husband died possessed, was joint family property which on his death survived to his son, the defendant 1. The latter continued the business but having incurred large debts was declared an insolvent. The official assignee sold some properties and paid off all the secured creditors. The estate now consists of a sum of money about Rs. 6,600 and a house at Tanjore. There are many unsecured creditors whose debts remain to be discharged and the question to be decided is, whose right takes precedence, the right of the plaintiff or the right of the creditors?

2. It is often difficult to reconcile the undoubted right of a widow to maintenance under t