JUDGMENT :

CHINNAPPA REDDY, J.

1. Major General Gurbux Singh and his wife Gulwant Kaur were estranged and were living apart. Their son and daughter-in-law were living with Gulwant Kaur at Chandigarh. Gulwant Kaur was apparently complaining that Major General Gurbux Singh was not providing her with adequate maintenance. Therefore, on July 28, 1958, he wrote her a letter, he relevant parts of which are as follows:

To

Shrimati Gulwant Kaur,

You have been complaining that I have not paid even a penny for

maintenance for the last seven/eight months. Here is an account from November 1957 to July 1958, the details of which run as under:

* * *

Now, so far as the question of future expenses is concerned, the maintenance shall be like this:

For Yourself

1. The land and house situated at Mangwal, which was constructed with the earning of my whole life, is entrusted to you, the half portion of which already stands in your name and in lieu of the produce thereof Madanjit shall provide to you, if not more, free lodging and boarding (expenses for maintenance). You stay in your own home.

2. The land at Khurana is also entrusted to you. Its produce, lease money, etc. will fetch you a minimum of Rs. 1200 annua