N.K.Kapoor, J.

1. This judgment of mine will disposed of Regular First Appeal No. 1064 of 1980 and Regular First Appeal No. 2229 of 1979 as both these appeals arise out of the same judgment and decree of the Sub-Judge, 1st Class, Barnala, dated 3.10.1979.

2. Smt. Gurdev Kaur claiming herself to be legally wedded wife of Milkhi Singh, filed a suit for maintenance at the rate of Rs. 200/- under the Hindu Adoptions and Maintenance Act against Milkhi Singh and another. According to her, Milkhi Singh has neglected in maintaining her so as compelling her to file the present suit for maintenance creating a charge over the agricultural land measuring 543 Kanals 12 Marlas as detailed in the heading of the plaint. It was further averred that since Milkhi Singh has transferred half share of the land to Balbir Singh-defendant with the sole object of depriving her of maintenance allowance, the same does not affect her right of maintenance in any manner.

3. In pursuance to the notice issued by the Court, defendants put in appearance and is fact Balbir Singh filed written statement for himself and his father Milkhi Singh as his attorney on 27.12.1977. The defendants denied that the plaintiff was legally wedded wife of Milkhi Singh. The remaining averments made in the plaint were also controverted by the defendants.

4. On the pleadings of the parties, the following issues were framed :-

(1) Whether Smt. Gurdev Kaur is the wife of Milkhi Singh defendant ? OPP.

(2) If issue No. 1 is proved, to what amount the plaintiff is entitled to as maintenance from the defendant ? OPP.

(3) Whether the plaintiff is entitled to charge of the maintenance on the property by mentioned in the suit ? OPP

(4) Relief.

5. The Trial Court on the basis of oral and documentary evidence on record came to the conclusion that Gurdev Kaur was legally wedded wife of Milkhi Singh and decided issue No. 1 in favour of the plaintiff.

6. Under issue No. 2 it was held that even now Milkhi Singh is still in possession of half share of land measuring 543 Kanals 12 Marlar and so granted maintenance allowance at the rate of Rs. 100/- per month.

7. Under issue No. 3 this maintenance allowance of Rs. 100/- was constituted as a charge on half of the land measuring 543 Kanals 12 Marlas as detailed in the heading of the plaint. Resultantly, the suit of the plaintiff was decreed. The grant of maintenance at the rate of Rs. 100/- per month and further a charge on this amount as created in respect of immovable property owned by Milkhi Singh.

8. Feeling dissatisfied with the judgment of the Trial Court, Gurdev Kaur has filed this apppeal claming enhancement of the amount of maintenance with a specific prayer that the impugned judgment and decree is liable to be modified and the plaintiff is at least entitled to claim one third annual income from the property detailed in the heading of the plaint which was stated to be Rs. 12,000/.

9. In the other connected appeal, Milkhi Singh challenged the findings of the Trial Court under issue No. 1.

10. Finding on issue No. 1 has a material bearing fate of these appeals. With a view to prove this, Gurdev Kaur appeared as her own witness and also examined Budh Ram PW-4 and Chand Singh PW-5, the attesting witnesses of Karewanama Exhibit P-l. As per case of the plaintiff, she was earlier married to Moni Singh @ Sher Singh who was uterine brother of Milkhi Singh i.e. Milkhi Singh and Moni Singh @ Sher Singh were born from the womb of same mother Sant Kaur who after the death of her previous husband Kaku Singh, father of Moni Singh @ Sher Singh, remarried Sarup Singh, father of Milkhi Singh. It is on the occasion of Barah ceremony of Moni Singh @ Sher Singh when the ceremony of Chadar Andazi was performed between the plaintiff and defendant Milkhi Singh and ever since then they had been living as husband and wife and were blessed with one daughter named Surjit Kaur. Formal ceremony of Anand Karaj was duly performed by the parties and a Karewaanma Exhi