BALBIR KAUR Vs. MOHINDER KAUR

JUDGEMENT

(1.) This first appeal has been directed against the decision of District Judge, Una dated 5 -6 -1995 whereby he has ordered to return the memorandum of appeal of the appellants -defendants herein for presenting the same before the Competent Court of law as according to him that Court has no jurisdiction to entertain the appeal.

(2.) The relevant facts giving rise to this appeal are as follows :

(3.) Respondent -plaintiff herein filed a suit in the year 1991 based on the premise that she was married to Sh. Nanak Singh son of Hira Singh about 25 years ago. The respondent was the second wife of said Nanak Singh and he has two daughters from first wife who were defendants and are appellants in the present appeal. Nanak Singh died prior to the institution of the suit leaving behind the respondent and appellants. The appellants inherited the immovable property of their father. The respondent was neither having any property nor has any source of income. She has not re -married after the death of her husband, She stated that the appellants who inherited immovable property of deceased Nanak Singh are liable under the law to maintain respondent and suit under section 20 read with section 28 of the Hindu Adoption and Maintenance Act (78 of 1956) was instituted. The respondent prayed for a sum of Rs, 300 per month as maintenance.