ATMA SINGH Vs. JANGIR KAUR

JUDGEMENT

(1.) This appeal by the plaintiff is directed against an appellate decree of District Judge, Barnala, dated the 30th July, 1956, setting aside the judgment and decree of the Subordinate Judge.

(2.) Atma Singh suing through his mother as his guardian challenged a decree obtained by Mst. Jangir Kaur for her maintenance. In the present suit it was contended that the said decree for maintenance proceeded on compromise entered into by Hazura Singh, plaintiff's grand-maternal uncle, and that the said guardian acted in those proceedings wholly negligently. The decree itself was termed as collusive, void and ineffective.

(3.) The facts giving rise to the present suit briefly stated were that Mst. Jangir Kaur, the defendant, widow of Mohinder Singh, instituted a suit for her maintenance against Atma Singh, the present plaintiff-appellant who was her step-son. Hazura Singh, grand-maternal uncle of Atma Singh, acting as guardian ad litem looked after the proceedings in that suit. The suit for maintenance resulted in a compromise by which Mst. Jangir Kaur was given a right to receive Rs. 30/- p.m. as maintenance. She was also given a house for residence. If a house was not so available, the same was to be built at the expense of Atma Singh. The said compromise had been arrived at on 24th April, 1954, and a decree followed. Mst. Jangir Kaur who had not put proper court-fee on the plaint was, directed to pay the requisite amount of court-fee. In fact, the decree was made conditional on her making good the deficiency in court-fee.