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1931 Supreme(Nagpur) 21

STAPLES
MT LAXMI BAI – Appellant
Versus
SAMBHA – Respondent


Advocates Appeared:
A V Khare, D W Kathalay, Advocates

JUDGMENT

Staple—The appellant brought a suit for arrears of maintenance and for a declaration that she was entitled to future maintenance and in the trial Court she obtained a decree both for arrears and for a declaration that she was entitled to claim future maintenance at the rate of Rs. 126 per annum from January 1926. In appeal the District Judge dismissed the claim for arrears of maintenance and reduced the claim for future maintenance to Rs. 84 a year, which amount was admitted by the defendants, who had preferred the appeal to him The plaintiff Laxmibai has now preferred this second appeal, claiming both arrears of maintenance at the rate awarded by the trial Court and future maintenance at the minimum rate of Rs. 15 per month.

2. The appellant is the widow of one Narayan who was the brother of the two respondents Sambha and Sadasheo. The respondents and Narayan were all sons of one Jairam, and admittedly they constituted a joint Hindu family. Narayan died in 1916 when he was only 20 and Jairam, the father, died in 1920. It has been found that Jairam executed a will, which is filed in the suit as Ex. D-20 on 25th February 1917, and in that will provision has been made for the








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