G BANGARAYYA GARU Vs. PJAGANNATHA RAJU GARU

JUDGEMENT

(1.) The plaintiff sues to recover arrears of a maintenance allowance of Rs. 300 per annum granted to her by an instrument dated the 21 December 1871. The defendants allege that by an agreement of 1877 she is as from its date occupying certain land in satisfaction of the allowance granted. This the plaintiff denies. She admits the occupation but alleges that the land which she occupies is her own inherited from her husband.

(2.) Three questions are raised: (1) Whether the agreement of 1871 was without consideration: (2) Whether the alleged agreement of 1877 can be proved; (3) Whether the suit is barred by limitation.

(3.) On the 1 question, the District Judge says that the point was not seriously argued before him and we think there is no doubt that there is sufficient consideration to support the agreement of 1871.