HEMANTA KUMAR BHADURI Vs. SUDHANGSU GOBIND CHOUDHURI

JUDGEMENT

(1.) One Gopal Gobinda Choudhury by his Will made provision for the payment of Rs. 25 per month to his brother Kunja Lal if he was alive at the death of the testator and if he was dead, his sons were to get maintenance from the estate for their lives. Kunja Lal received maintenance at the rate of Rs. 25 so long as he was alive and on his death, his sons used to get the maintenance. it was, however, red used by consent from Rs. 25 to Rs. 15 and subsequently by a compromise decree it was farther reduced to Rs. 10 per month. By this compromise it was agreed that the plaintiff and his brother Kali Kumar would get Rs. 10 per month but that if the defendant did not make punctual payment for four consecutive months, then he would be liable to pay at the rate of Rs. 15 per month. Kali Kumar having died, the plaintiff sought to recover the maintenance at the rate of Rs. 15.

(2.) The Court of First Instance gave him a decree at the rate of Rs. 10 per month. On appeal the learned Subordinate Judge has held that the gift was taken by the sons as tenants in- common and that on the death of one, the other would get only a proportionate amount. That Court accordingly gave a decree at the rate of Rs. 5 only. The plaintiff has appealed to this Court.

(3.) It is contended that the plaintiff is entitled to get at the rate of Rs. 15, at any rate at the rate of Rs. 10.