MUSAMMAT TIJJO Vs. CHIRANJI LAL

JUDGEMENT

(1.) This is a plaintiff's second appeal arising out of a suit to recover a sum of money by enforcement of a charge.

(2.) The facts which have given rise to this litigation between the parties can briefly be stated as follows: One Makhan Lal was the owner of extensive immovable property in the District of Aligarh. He had a sister whose son was one Shankar Lal. Chiranji Lal is the natural father of Shankar Lal. One Musammat Tijjo was the sister of Makhan Lal's wife and it appears that she lived in the house of Makhan Lal and looked after Shankar Lal during his minority. Makhan Lal died about the year 1924. On his death Shankar Lal, son of Chiranji Lal, under the guardianship of one Babu Lal, obtained possession over the estate left by deceased by Makhan Lal.

(3.) Shankar Lal died about the year 1926 and then dispute arose. Chiranji Lal, the natuaral father of Shankar Lal, claimed the properties of Makhan Lal as heir to his own son, Shankar Lal. His case was that Shankar Lal had been adopted by Makhan Lal and on Shankar Lal's death, he (Chiranji Lal) was entitled to the estate. The suit was resisted by some other persons. Eventually there was a compromise between the contending parties on February 1, 1927. Under the terms of this compromise major portion of the estate went to Chiranji Lal. It was agreed that Musammat Tijjo would occupy one residential house during her life-time and that she would further get a maintenance allowance of Rs. 10 monthly till her death. This allowance was made a charge over some immovable property which is specified in the plaint in this case.