RAM KISHAN Vs. BISHANI

JUDGEMENT

(1.) This appeal is brought by Kishan and his two brothers against an order passed in execution by Mr. Ishar Singh, Subordinate Judge 1st Class, Ludhiana, allowing the execution to proceed.

(2.) The facts of the case are that Mst. Bishan Kaur wife of Mela Ram who is a respondent in this appeal brought a suit for maintenance against her husband in which the defence was that the wife was not entitled to maintenance because of her trying to poison Mela Ram, that she had been justifiably turned out from the marital home and that Mela Kam was not in a position to pay any maintenance. Four issues were framed -

(3.) It appears that the husband made a gift of his property to the present appellants. The trial Court in that case came to the conclusion that the mere fact that the husband had gifted away his property could not defeat the plaintiff's right for maintenance which could be made a charge for the property even in the hands of the transferees who in that case were the "gratuitous transferees with notice of the plaintiff's claim as would .appear from the mutation proceedings and the near relationship between the parties." The Judge came to the conclusion that the husband was liable for maintenance and he awarded maintenance at Rs. 30/- per mensem and a decree was passed in the following terms -