MST. RUPA GAUNTIANI AND ANOTHER Vs. MST. SRIYABATI

JUDGEMENT

(1.) THIS Second Appeal is by the defendants against the reversing judgment of the Subordinate Judge of Balangir decreeing the plaintiff's suit for maintenance.

(2.) PLAINTIFF is the widow of one late Manglu Gountia who predeceased his father Chaudhury Gountia. Defendant No. 1 is the widow of the said Chaudhury Gountia and defendant No. 2 is his son. It was alleged in the plaint that defendant No. 2 was born to a concubine of Choudhury Gountia but point was not pressed in the lower appellate court. Defendant No. 1 died during the pendency of the Second Appeal and defendant No. 2 the sole appellant now is the only person entitled to all the properties of late Chaudhury Gountia.

(3.) PLAINTIFF claimed arrears of maintenance for 3 years prior to the filing of the suit and maintenance at the rate of Rs. 37/8/ - per month on ground that the defendants who are in possession of all the properties of her late father -in -law having inherited to the same are bound to give her the maintenance claimed.