JAG MOHAN Vs. JIANA

JUDGEMENT

(1.) THIS a Defendant's second appeal from a decree of maintenance obtained by the Plaintiff Respondent. The first Appellant, Jagmohan, who was the son of Khunkhun is already dead and the appeal was deemed to have abated in so far as his legal representatives are concerned, by my order dated 2nd July, 1979. The other two Appellants are the sons of Pancham. He was Jagmohan's brother being the other son of Khunkhun. The Plaintiff Respondent is the widow of Brij Mohan, a pre -deceased son of Khunkhun and the third brother of Jagmohan and Pancham:

(2.) THE trial court decreed the suit for recovery of Rs. 900/ -on account of past maintenance for three years before the suit, and pendente lite and future maintenance at the rate of Rs. 25/ -per month. The lower appellate court dismissed the Defendant's appeal and confirmed the trial court's decree.

(3.) THE liability of a person to maintain his dependents arises from Section 22 of the Hindu Adoptions and Maintenance Act, 1956. Dependents are defined by Section 21 of that Act. The Plaintiff -Respondent was a dependant of her father -in -law Khunkhun, under Clause (vii) of Section 21 but there is no provision in that Section making her a dependant of her brothers -in -law namely, Jagmohan and Pancham who were only liable to maintain the Plaintiff -Respondent under Section 22(1) as the heirs of Khunkhun to the extent of the estate inherited by them from him.