- (1.) ONE Pirthi Narain, who was the owner of the property now in question, created a charge in favour of his wife in a sum of Rs. 25 a month payable to her as maintenance. There-after he sold the property to one Parsidh Narain. After a partition in the family the property came to Sudhist narain Anand and another. On 16th September 1936 Sudhist Narain Anand and another filed an application under Section 4, U. P. Encumbered Estates Act. On 27th September 1937, the landlord-applicants filed a written statement under Section 8 and notices under Section 11 were issued on 6th August 1938. On 9th November 1938, Srimati Naraini Devi, wife of Pirthi Singh, filed a claim-under Section 11, Encumbered Estates Act, and prayed that "it may specifically be provided in the decree of this Court after enquiry under Section 11, U. P. E. E. Act of 1934 that the property mentioned hereunder is subject to the charge of the maintenance money of Rs. 25 a month of your petitioner. "
(2.) THE learned Special Judge, II Grade, decided the application in favour of Brimati Naraini devi.
(3.) ON appeal the learned District Judge set aside the order and dismissed the application.;