NARAINDAS Vs. VALLABHDAS

JUDGEMENT

(1.) This is an appeal on a certificate of fitness granted by the Madhya Pradesh High Court against the judgment of that Court whereby that Court in appeal set aside the order of the Additional District Judge, Jabalpur, dismissed the objections against an award and directed that the award be made a rule of the Court.

(2.) Naraindas, appellant is the brother of Vallabhdas and Durgaprasad, respondents 1 and 2 and son of Smt. Sukhrani, respondent No. 3. There were some arbitration proceedings in 1932 between the appellant and respondents 1 to 3 on one side and Pannalal and Smt. Dulari Bahu on the other side. Those proceedings related to partition of property and a claim for maintenance allowance by Dulari Bahu. An award was given in those proceedings and was made a rule of the Court in 13-12-1933. According to the award, Dulari Bahu was to get a maintenance allowance of Rs. 12/- per mensem from the appellant and his brothers. A charge was created of the maintenance allowance on the house which fell as a result of partition to the share of the appellant and respondents 1 to 3. It was also provided that if the appellant and his brothers failed to pay the monthly allowance, Dulari Bahu would be entitled to get the house sold. Out of the sale proceeds, Rupees 3000/- were to be deposited in a Bank on the condition that the amount of interest would be paid to Dulari Bahu but she would not be entitled to draw the principal amount. On Dulari Bahu's death, Rupees 2,000/- our of Rs. 3,000/- would be paid to the appellant and his brothers and Rupees 1,000/- to Pannalal.

(3.) The amount of maintenance payable to Dulari Bahu was increased to Rupees 30/- per mensem in a suit brought by her and decided on 8-10-1949.