JAGIR SINGH ALIAS BALDEV SINGH Vs. BASANT KAUR

JUDGEMENT

(1.) THIS is defendant's appeal against whom his wife and two minor children obtained a decree for maintenance to the tune of Rs. 300.00 per month. This decree was passed by Sub Judge, Ist Class, Moga on November 8, 1978. It was held that the plaintiffs had no source of income and the defendant-husband was owner of valuable land. It was further held that the amount of maintenance awarded to the plaintiffs will be a charge on the land in suit. As mentioned above, it is against this judgment and decree of the trial that the present appeal has been filed.

(2.) RECORD of the case shows that defendant had put in appearance and sought to defend the claim of the plaintiffs or maintenance on various grounds which gave rise to the following issues :

(3.) THIS matter has been called several times not only today but on earlier occasions as well. Interim order of this Court dated May 9, 1997 in that connection may be seen. Today Mr. Majithia has informed the Court that the Counsel for the appellant Mr. Doad was contacted by him and he stated that he shall attend the Court today, but unfortunately Counsel for the appellant has made himself unavailable today also.