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1958 Supreme(MP) 36

B.K.CHOUDHURI, M.HIDAYATULLAH
TIKARAM PRATAPSINGH – Appellant
Versus
NARAYANSINGH – Respondent


Advocates Appeared:
J.P.Dwivedi, R.K.Pandey

( 1 ) THE judgment in this appeal shall also govern the disposal of First Appeal No. 24 of 1953.

( 2 ) THESE two appeals arise out of a common judgment and have been filed respectively by the defendant and the plaintiffs in the suit. Arjunsingh, the original defendant, died during the pendency of both the appeals, and his legal representatives have been substituted for him in the two appeals.

( 3 ) THE suit was filed by Arjunsingh's three illegitimate sons, claiming arrears of maintenance for three years prior to the date of suit (16-6-1947), a declaration that they were entitled to maintenance at Rs. 200 per month, and a charge to be created upon the separate property of Arjunsingh. In the Court below the claim for maintenance was decreed, but it was ordered at the rate of Rs. 30/- per month, with arrears for three years prior to the date of the suit. Both the parties were dissatisfied with the judgment and appealed against the decree. The plaintiffs claimed maintenance at the rate of Rs. 200/- per month, and also appealed against the award of costs against them which involved payment of court-fee inasmuch as they had been allowed to sue as paupers. The defendant in his appeal ask















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