PADMANAV SINGH DEO Vs. RAJKISHORI DEVI

JUDGEMENT

(1.) THESE are appeals under Section 21 of The Orissa Estate Abolition Act (1 of 1952) (hereinafter referred to as the Act.) directed against the common decision in two claim cases by the Claims Officer (District Judge) made under Section 20 of the said Act.

(2.) THE Respondent is The step mother of the Appellant and laid claim under Section 18 of the Act for maintenance. There were two separate applications. Misc. Case No. 60 of 1953 was for maintenance subsequent to the date of vesting at Rs. 350/ - per month. Misc. Case No. 61 of 1953 was for maintenance from 21 -12 -1950 to 31 -5 -1953 (the estate vested on 1 -6 -1953) at the rate of Rs. 350/ - per month. Some other dependents of the ex -intermediary had laid claim for maintenance. All these claims were clubbed together and disposed of by one common order. In these two appeals we are concerned with the claim of the Respondent both for the past and future maintenance. Misc. Appeal No. 201 of 1966 is directed against the order in Misc. Case No. 60 of 1953 while Misc. Appeal No. 202 of 1966 is directed against the order in Misc. Case No. 61 of 1953.

(3.) BEFORE the Claims Officer there were two matters for decision one was the claim for maintenance upto the date of vesting and the other was the claim for maintenance subsequent to the vesting. The Claims Officer accepted the entire claim for past maintenance and held that the Respondent was entitled to a. Bum of Rs. 10,520/ - for the period from 21 -12 -1950 to 31 -5 -1953 at the rate of Rs. 350/. per month along with interest. In regard to the post -vesting claim for maintenance he, however, held that the maintenance should be Rs. 200/ -.