Judgement

NARASIMHAM, C. J.:-

This is an appeal by the plaintiff against the judgment of the learned Subordinate Judge of Sambalpur in a suit brought for maintenance against her step-mother-in-law (defendant No.1) and the alienee (defendant No.2) of a portion of the joint family properties.

2. The following genealogical tree shows the relationship of the parties:

Pitabas, husband of the plaintiff predeceased his father on 24-4-38 while in a state of jointness with him. Sidheswar married defendant No.1 after the marriage of the plaintiff with his son Pitabas, presumably in the hope of begetting sons through her but defendant No.1 proved barren. Sidheswar died on 20-6-54 leaving considerable properties in villages Lupurasinght and Khanapali which have now devolved on his surviving widow defendant No.1. Sometime in 1941 the plaintiff filed an application to sue in forma pauperis her father-in-law for maintenance (Ext.A) case No.3 of 1941. While that application was pending, Sidheswar executed a registered deed of maintenance (Ext.A) on 5-8-41 in her favour agreeing to give her annual maintenance of 12 pusthamos of rice (then valued at Rs.96/-) and cash of Rs.96/-per annum, and also making