- (1.) THE only question raised in this appeal is about the maintainability of the suit for the recovery of an amount of arrears of maintenance payable to the widow of a deceased landholder (Istmarardar) after the abolition of the Istmarari grant under the Ajmer Abolition of Intermediaries and Land Reforms Act (Act No. III of (1955))hereinafter referred to as the Act.
(2.) THE relevant facts are not in dispute. Late Rao Saheb Rameshwar Singh was the istmrardar of the estate of Bandanwara in the Former Aimer State. He died some 30 years back and was issueless. He was succeeded by Thakur Chandra Singh, an heir, Thakurani Anop Kanwar was the widow of Rao Sahib Rameshwar Singh. She has been referred to in these proceedings as 'maji Chohan Ji'. There was trouble between the Maji Chohanji and Thakur Chandra Singh, the new Istmarardar of bandanwara. The Ajmer Administration had fixed a maintenance allowance of Rs. 300/- per month for Maji Chohanji and this was being paid by Thakur Chandra singh. Whenever there was default in the payment of maintenance, the Ajmer administration would intervene and then the arrears would be paid by Thakur chandra Singh to Maji Chohanji.
(3.) ON 26-7-1956 Maji Chohanji executed a will in favour of her brother Hamir singh authorising him to receive all her assets and properties. Maji Chohanji expired on 5-2-1957. Her obsequies were performed by Hamir Singh who had spent Rs. 1102/4/ over it.;