Judgement

P. V. B. RAO, J.:- This Second Appeal is by the defendants against the reversing judgment of the Subordinate Judge of Balangir decreeing the plaintiffs suit for maintenance.

2. Plaintiff is the widow of one late Manglu Gountia who predeceased his father Chaudhury Gountia. Defendant No.1 is the widow of the said Chaudhury Gountia and defendant No.2 is his son. It was alleged in the plaint that defendant No.2 was born to a concubine of Choudhury Gountia but point was not pressed in the lower appellate court. Defendant No.1 died during the pendency of the Second Appeal and defendant No.2 the sole appellant now is the only person entitled to all the properties of late Chaudhury Gountia.

3. It is alleged in the plaint that Choudhury Gountia died about one year prior to the suit and that he left considerable properties which were inherited by defendants. It is not stated in the plaint nor is there anything in evidence to show that these properties were ancestral properties in the hands of Chaudhury Gountia. Both parties proceeded on the common ground that they were the self-acquired properties of Choudhury Gountia.

4. Plaintiff claimed arrears of maintenance for 3 years prior to th