S. P. BHARGAVA, J.

( 1 ) THIS appeal has been filed by the defendant 1 Smt. Attar Bai against whom the plaintiffs claim for declaration that she had no right to get the disputed house sold in execution of her decree for maintenance has been decreed by the lower appellate Court after reversing the judgment of the trial Court.

( 2 ) BRIEFLY stated, the facts are that Smt. Attar Bai is the widow of one Batan Singh who had two other brothers Nawal Singh and Gangaram. On the death of Ratan singh, Smt. Attarbai instituted Civil Suit No. 53-A of 1955 in the Court of the Civil judge Class I, Khandwa, on 23-10-54, against Nawal Singh and Gangaram who were impleaded in the suit out of which this appeal arises as defendants 2 and 3 claiming arrears of maintenance and future maintenance. She also claimed in the plaint that the amount of maintenance, both of arrears and future, be declared as a charge on the joint family property. With the plaint, she filed Schedule 'b' containing the list of the joint family properties. Item No. 4 in that list is a house which was later on sold by Nawal Singh to the plaintiff Seth Mishrilal Sa for Rs. 1250/- under a registered sale deed, dated 15-12-1956. In A

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