Judgement

MISRA, J. :- The following genealogy would show the relationship of the parties -

Brajakishore, the last holder of the impartible estate of Dharabote died on 3-10-1938. Plaintiff and Defendant No. 3 are his sons through defendant-2. Defendant-1 is the step-mother of plaintiff and defcndant-3 . Defendants 4 and 5 are the daughters of the plaintiff and were born in 1947 and 1948 respectively. Till then the Court of "Wards was in charge of the management of the estates. The Court of "Wards fixed the maintenance of defendant-1 at Rs. 200/- by an order dated 1-12-1939. This rate was enhanced Rs. 3007- on 21-3-1941 and to Rs. 350/- on 4-1-1945. Plaintiff continued to pay at the rate of Rs. 350/- per month till June 1948. Thereafter he reduced the rate to Rs. 125/-per month and sent a notice to defendant-1 to that effect. Despite the reduction, he continued to pay her at the rate of Rs. 225/- per month till December 1950 out of grace.

Defenaant-1 did not accept the reduction but received the amount as part payment towards her claim. She filed money suit No. 134 of 1950 in the Court of the Subordinate Judge, for recovery of arrears of maintenance of Rupees 8746/12 at the rate of Rs.