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1957 Supreme(MP) 191

A.H.KHAN
PEVAND BAI HOLARAM SINDHI NARANGIBAI MANDIR LASHKAR – Appellant
Versus
KISHAN LACHHOMAL SINDHI – Respondent


Advocates Appeared:
Kishan Chand Dulani, MANIK CHAND JAIN

A. H. KHAN, J.

( 1 ) UNDER Section 34 of the Displaced Persons Debts Adjustment Act (Act No. 70 of 1951), the appellant filed an application before the Tribunal constituted under section 4 of the Act for the increase in her maintenance allowance from Rs. 6 per month to Rs. 15/- per month. It is alleged that originally a decree for maintenance was passed in favour of the appellant against Mst. Chanchal Bai, the mother of the respondent. The respondent as an heir to his mother obtained Rs. 8000/- as compensation for properties left in Pakistan, over which a lien was created for the appellant's maintenance. It was said that after receiving the compensation, Kishen the respondent has increased the volume of his business and that she is therefore entitled to a correspondent increase in the amount of her maintenance. The trial court dismissed the application on the short ground that Section 34 of the Act allows only displaced debtors to apply for variation of maintenance allowance and the applicant being a displaced creditor was not entitled to apply under the section. Aggrieved by the order, this appeal has been filed.

( 2 ) A preliminary objection has been taken that the appeal is barr









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