Salil Kumar Datta, J. - (1.) These two appeals are by defendant No. 1 against the common judgment and decrees passed in two suits of the two plaintiffs. The relevant facts are that the properties described in Schedule Ka to the plaints belonged to Manohar Mukherjee grandfather of the plaintiffs. He executed a deed of settlement in respect of these properties on 12-12-28 by which Mahendra Nath Mukherjee father of the defendant No. 1 was given the Ka schedule properties of the plaints mentioned also in the deed. Under the terms of the settlement each of the plaintiffs were to get maintenance at the rate of Rs. 40/- per month from the said Monohar Mukherjee or his heirs out of the income of the Ka schedule properties and the properties were directed also to be charged for the maintenance. Mahendra died in Jaistha, 1362 B. S. The plaintiffs, accordingly claimed in the suits from the defendant No. 1 as heir of Mahendra the maintenance for 64 months with interest at the rate of 6%. A further prayer that their dues should be declared a charge on the Ka schedule properties or on the compensation money in respect of such of the said properties which vested in the State was also made.
(2.) The suit was contested by the defendant No. 1 who filed written statement contending that the Ka schedule property except, the Bhadrasan had vested in the State with effect from Baisakh 1362 B. S. Accordingly the defendant No. 1 was not liable to pay the arrears of maintenance and not liable to pay interest and there could be no charge on the Bhadrasan.
(3.) The learned Munsif came to the conclusion that the plaintiffs were entitled to arrears of maintenance, but in respect of the properties which vested in the State they could only proceed against the compensation money payable to defendant No. 1 subject to the limitation imposed by section 26 of the Estates Acquisition Act which provides that no portion of compensation in excess of 50% thereof shall be liable to attachment at any time in execution of decree including decrees for arrears of rent. The suits were accordingly decreed in a preliminary form and the decretal dues were declared to be a charges on such of the Ka schedule properties which did not vest in the State under the Estates Acquisition Act and also on the compensation money subject to the limitation under section 26.;