MT BASUMATI KUER Vs. MTHARBANSI KUER

JUDGEMENT

(1.) This is an appeal by one Mt. Basumati Kuer, from an order of the learned subordinate Judge of Gaya, dated 15 March 1939, disallowing her objection in execution proceedings. In the year 1937 one Mt. Harbansi Kuar obtained a decree for maintenance based upon a compromise against one Jagdamb Singh, the brother of her deceased husband. The decree was in the following terms: This suit coming on this 16 day of March 1937, for final disposal...it is ordered and decreed in terms of compromise and the petition of compromise do form part of the decree. The plaintiff is entitled to get Rs. 240 as maintenance annually. In default of payment for one year she will be entitled to realise the amount with interest at 8 annas per cent, per month by the property given in the petition.

(2.) The compromise petition which was made a part of the decree contained the following: In case of the expiry of one year and non-payment of the maintenance allowance of the plaintiff, the plaintiff would be competent to recover the arrears of the maintenance allowance with interest thereon at the rate of 8 annas per hundred per mensem from defendant or his heirs and representatives by sale of 5 annas 4 pies share out of the entire 16 annas of the milkiat interest noted above.

(3.) This reference was to para. 2 of the compromise petition, which provided that 5 annas 4 pies share out of the milkiat interest in mauza Kasouti, pergana and thana Arwal, district Gaya, bearing tauzi No. 628, which was in the sir possession of the defendant, was ear-marked for the aforesaid maintenance allowance of the plaintiff, and that during the lifetime of the plaintiff the said share would remain liable for the maintenance allowance of the plaintiff.