SRIMATI KASTURI BAI Vs. RAMLAL PANDEY

JUDGEMENT

(1.) IN this suit the plaintiff states that on February 15, 1952 Ram Sankar Pandey since deceased sold to the defendant his right, title and interest in a business known as Ramadhar Pandey and Brothers for the sum of Rs. 3,000/- at a gross undervalue and for further consideration hereinafter mentioned.

(2.) AT the time of the sale it was agreed between Ram Sankar Pandey and the defendant that in further consideration of the sale the defendant would pay to Ramsankar maintenance at the rate of Rs. 100/- p. m. during his life time and after his death to his widow who is the plaintiff in this suit at the rate of Rs. 25/- p. m. Pursuant to this agreement and also in consideration of natural love and affection the defendant on February 16, 1952 executed a document whereby he obliged himself to pay maintenance to Ram sankar and thereafter to the plaintiff. Ramsankar was a cousin (father's brother's son) of the defendant. He died on the 29th March, 1956 leaving the plaintiff as his sole heiress and legal representative. In breach of this agreement the defendant failed to pay Ramsankar maintenance from September, 1953 and has not also paid any sum to the plaintiff.

(3.) THE plaintiff has claimed in this suit Rs. 3,100/- being arrears of maintenance due to Ramsankar from September, 1953 to March, 1956 and a sum of Rs. 150/- payable to her from April, 1956 to September, 1956 aggregating Rs 3,250/ -.