JULA RAM AND ANOTHER Vs. MUNGA DEVI

JUDGEMENT

(1.) This second appeal by defendants arises out of a suit for the recovery of arrears of maintenance allowance. Smt. Munga Devi brought the suit against Makund Ram on the following allegations.

(2.) The plaintiff is Makund Ram's brother's widow. On 27.3.1940, Makund Ram executed a registered deed undertaking to pay the plaintiff Rs. 400 per annum for her maintenance allowance. Under the deed a charge on Makund Ram's zamindari property was created for satisfaction of the plaintiff's maintenance allowance. Maintenance allowance remained unpaid for three years from 1-1-1953. The plaintiff, therefore, brought the suit to recover a sum of Rs. 1298-4-0, including Rs. 1200 as arrears of maintenance allowance and Rs. 98-4-0 as interest.

(3.) Makund Ram died shortly after the filing of the suit. The suit proceeded against his sons, Tula Ram and Ram Gopal. Various pleas were raised in defence. One of the pleas was that the defendants were entitled to a reduction of their liability under the provisions of the U.P. Zamindars Debt Reduction Act, 1960 (Act No. XV of 1953-hereafter referred to as the Act).