MT RAJMANI BIBI Vs. BALDEO DAS

JUDGEMENT

(1.) This appeal arises out of a suit for maintenance, and only two questions arose for decision, namely limitation, and whether interest was payable on the arrears. The facts were as follows: One Rashbehari Lal died in 1867 leaving a daughter Mt. Bula Bibi by his first wife who predeceased him, a widow Mt. Narayani Bibi and an adopted son Gopal Lal. Gopal Lal died leaving a widow Gulab Kuar and a daughter Rajmani Bibi. Defendants Nos. 2 to 9 are the sons of Rajmani Bibi who is defendant No. 1.

(2.) The plaintiff is the surviving son of the Bula Bibi. By the will of Rashbehari an annuity of Rs. 200 out of his estate was bequeathed to Bula Bibi and the remainder of his properties to his widow Narayani and his adopted son Gopal Lal. In 1899 Bula Bibi sued Narayani, Gulab and Rajmani for arrears of maintenance. At that time Rajmani was in possession of the properties of the deceased Rashbehari. The suit was compromised on payment of Rs. 1,600 on account of arrears and on an undertaking to pay the annuity in future in four instalments of Rs. 50 each, every three months. The petition of compromise also stated that, as security for the payment of the annuity, Gulab Kuar hypothecated her properties on the understanding that if the annuitant failed to recover her dues from Rajmani Bibi, they should be recoverable from the properties of Gulab Kuer. A consent decree in terms of the compromise was passed on 22 September, 1900.

(3.) The security bond referred to in the compromise was registered on 20th September 1900. In 1919 Bula again sued for arrears of maintenance and obtained a decree on 19 January 1921. Bula Bibi died on 8 August 1924. The plaintiff seeks to recover from the defendants arrears of maintenance with interest, from September 1919, up to the date of Bula Bibi's death. The defence is that the compromise did not provide for the payment of interest and that the suit is barred by limitation. The first Court gave the plaintiff a decree for Rs. 900 on account of arrears of annuity and Rs. 273-2-0 as interest up to the date of Bula Bibi's death and interest after that date at the rate of 12 per cent. per annum.