PARUL BALA DASSI Vs. BANGSHIDHAR NANDI
HIGH COURT OF CALCUTTA
PARUL BALA DASSI
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D.Basu, J. -
(1.) Girindra and Nagen-dra were two brothers. Girindra's only son Mohan, predeceased him, leaving his widow -- the plaintiff-appellant Parul Bala. Girindra died issueless in 1364 B. S. (December 1958), his wife having predeceased him, leaving his nephew, defendant No. 1 and the latter's son, defendant No. 2.
(2.) The plaintiff came to Court with the case that defendants Nos. 1 and 2, who had managed to obtain two deeds of gifts in respect of the disputed properties on 30-1-1950 and 28-5-1957, from her father-in-law, during his life-time, are liable to maintain the plaintiff out of the disputed properties, which were the exclusive property of her father-in-law and out of which she was being maintained by her father-in-law while he was alive. She also averred that she had no separate property of her own and that she had not acquired any property from her husband or father-in-law out of which she could maintain herself. Since defendants refused to maintain her on her demand on 8-6-1958, she brought the instant suit, claiming maintenance @ Rs. 40/- per month and arrears at that rate for a year and praying for a charge upon the disputed property for her maintenance.
(3.) The trial Court gave a decree in favour of the plaintiff @ Rs. 20/- p. m., with a charge upon the disputed property, on the following findings:--
(i) All the property belonging to the father-in-law Girindra had been gifted away to the defendants. (ii) Under Section 28 of the Hindu Adoptions and Maintenance Act. 1956 (hereinafter referred to as 'the Act'), the defendants, being gratuitous transferees, were bound to maintain the plaintiff out of the property of Girindra in their hands. (iii) It was not proved that plaintiff had inherited any property from Girindra.;
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