MALIK, CJ. AND AGARWALA, J.

( 1 ) THE facts of this case are very simple, but, in view of the difference of opinion between the oudh Chief Court and the Allahabad High Court before their amalgamation; it appears to us desirable that it be referred to a larger Bench of five Judges for decision.

( 2 ) MT. Munder had filed a Suit No. 166 of 1913 in the Court of the Subordinate Judge of allahabad for the following reliefs :

(a) Rupees 60 per month or any amount which may be adjudged by the Court may be fixed as maintenance allowance. The said maintenance allowance of the plaintiff may be a charge on the whole or a sufficient portion of the family ancestral property as specified below in the list A, and the defendants may be ordered to pay the same every month to the plaintiff out of the income of the said property.

(b) One house out of the ancestral houses may be awarded to the plaintiff for her abode. (c) Costs of the suit may be awarded against the defendants. (d) Other proper directions which may be deemed necessary for doing justice to the plaintiff may be given by the Court. " to the plaint was attached a list of the family ancestral property in the possession of the defendants. Th

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