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1979 Supreme(All) 796

DEOKI NANDAN
Jag Mohan – Appellant
Versus
Jiana – Respondent


Advocates Appeared:
For the Appellants : V.B. Khare, S.R. Misra.
For the Respondent: Swarajya Prakash.

JUDGMENT :

DEOKI NANDAN, J.

1. This a Defendant's second appeal from a decree of maintenance obtained by the Plaintiff Respondent. The first Appellant, Jagmohan, who was the son of Khunkhun is already dead and the appeal was deemed to have abated in so far as his legal representatives are concerned, by my order dated 2nd July, 1979. The other two Appellants are the sons of Pancham. He was Jagmohan's brother being the other son of Khunkhun. The Plaintiff Respondent is the widow of Brij Mohan, a pre-deceased son of Khunkhun and the third brother of Jagmohan and Pancham:

2. The trial court decreed the suit for recovery of Rs. 900/- on account of past maintenance for three years before the suit and pendente lite and future maintenance at the rate of Rs. 25/- per month. The lower appellate court dismissed the Defendant's appeal and confirmed the trial court's decree.

3. In this second appeal, the only point raised is that the second and the third Appellants are not liable to pay any maintenance to the Plaintiff-Respondent as she was not a dependant of their father Pancham and was accordingly not entitled to receive any maintenance from out of the property which may have come to their hands



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