ZEBUNISSA Vs. FAIYAZUDDIN

JUDGEMENT

(1.) THIS revision application arises out of an order, dated 11-6-1993 passed by the learned Civil Judge J. D. , Ambajogai, rejecting the plaintiffs application Exhibit 64/d for amendment of the plaint.

(2.) THE Plaintiff No 1 filed a suit against her husband Faizuddin Abdul wahed Kazi for maintenance for herself and for her minor son-Plaintiff no. 2. In the plaint, the plaintiffs have averred that the Plaintiff No 1 is the legally wedded wife of the Defendant No. 1 and that the Plaintiff No" 2 is one of four children begotten from the Defendant to the Plaintiff No 1 jn 1975, she claimed maintenance under Section 125 of Code of Criminal procedure by filing Misc. Application No. 78/1975. In that application, the Defendant No. 1 agreed to discharge his obligations to maintain the plaintiffs and entered into a compromise on 24-1-1977. It is the plaintiffs' case that inspite of that, the Defendant No 1 did not provide proper maintenance to the plaintiffs. On the contrary, the Defendant No. 1 went on spending money on his vices. He left only one land, namely land bearing gut No. 453. Very recently, the plaintiffs, however, learnt that the defendant No. 1 also agreed to sell the land to the Defendant No. 2 and also intended to dispose of a residential house. The plaintiffs' filed the present suit against the defendants and asked for injunction restraining Defendant no 1 from disposing of the aforesaid properties else, the plaintiffs would be destitutes and deprived of their legal right of maintenance. In the suit besides the decree for maintenance, the plaintiffs also prayed for creating a charge for maintenance over the land

(3.) PEUDING the suit, the Defendant No. 1 died on 27-2-1981. The plaintiffs, therefore filed application Exhibit 64/d for amendmem of the plaint inter alia seeking amendment to Para No. 8 to the effect that on account of death of the Defendant No 1, the plaintiff No. 1 has become entitled to hold and enjoy the suit land in lieu of amount of maker and arrears of maintenance and further that the Plaintiff No. 1 be declared to be entitled to hold and possess that suit land as the exclusive owner.