TARLOK SINGH Vs. MANBIR KAUR

JUDGEMENT

(1.) The present appeal arises from the judgments and decrees of the Courts below, wherein a decree has been passed in favour of the plaintiff who has been held entitled to maintenance of Rs. 2000/-per month from the defendant-appellant till she remains unmarried or till the age of majority under Section 22 of the Hindu Adoption and Maintenance Act, 1956 and the said maintenance is created as a charge on the land measuring 20 kanals 7 marlas belonging to the defendant and the defendant has been restrained permanently from alienating the said land in any manner to secure the maintenance amount to the plaintiff.

(2.) The facts of the case are that plaintiff-Manbir Kaur is the granddaughter of the appellant herein and is the daughter of deceased Satnam Singh and Kulbir Kaur. Satnam Singh had died without leaving any landed property and after his death the defendant has thrown out the plaintiff and her mother from the house of Satnam singh where the plaintiff was residing during the life-time of Satnam Singh. It is further alleged that in order to deprive the minor plaintiff from her right to maintenance, the defendant has alienated major portion of his land to his other sons as per Fard Jamabandi for the year 1995-96 and now the defendant owns 20 kanals and 7 marlas of land and is threatening to alienate this land also to his sons, only to defeat the rights of the plaintiff. It is further pleaded that plaintiff is the daughter of the pre-deceased son of the defendant and has got the right to maintenance from the properties in the name of the defendant and the suit land is the coparcenary ancestral joint Hindu Family property and the defendant is bound to maintain the plaintiff. The plaintiff has asked the defendant to pay maintenance of Rs. 2,000/-per month till she attains majority or till her marriage but to no effect. Accordingly, the suit was filed for the said relief.

(3.) The appellant in reply took various objections regarding the locusstandi of the plaintiff and that the plaintiff's father deceased Satnam Singh had invested in the Army Group Insurance Fund and had nominated his daughter as a nominee and a sum of Rs. 1,40,625/-had been invested with State Bank of India, Moti Bagh, New Delhi, under the Social Security Deposit Scheme of AGIF for a period of 17 years, 5 months and 12 days and an interest to the tune of Rs. 3,789/-was being remitted quarterly on the said amount and thus, the plaintiff was receiving a sum of Rs. 1,263/-per month. It was pleaded that this was sufficient for her maintenance, at this stage, when she was hardly of two years. It was also pleaded that the mother of the plaintiff has many lakhs of rupees in her account and she has legal obligation to maintain her daughter-plaintiff as she had been getting full pension of deceased Satnam Singh, under the Army Rules and the plaintiff could claim from the property of deceased Satnam Singh. The respondent-defendant had never inherited any amount from the estate of deceased Satnam Singh. It is also contended that the property in the plaint itself is self acquired property and the plaintiff had no claim to this property. Accordingly, it is pleaded that the grand-father was not entitled to maintain the grand-daughter when her mother had sufficient amount to maintain her.