LAL RAJINDRA NARAIN SINGH ALIAS LALLU SAHIB Vs. MT. SUNDAR BIBI

JUDGEMENT

(1.) THE Board is of opinion that the conclusion reached by the High Court by their judgment of 2nd May, 1921, was correct. It is to be regretted that the High Court did not itself, in the exercise of its powers, appoint a receiver of this property which the judgment-creditor seeks to attach and bring to sale.

(2.) THEIR Lordships do not agree with the High Court on the subject of the actual legal position of the right of maintenance conferred upon the judgment-debtor. That right of maintenance arose under a compromise which was made between the judgment debtor and his brother. The compromise agreement is not produced, but its terms are said by the parties to be recorded in a decree pronounced by the Subordinate Judge of Jaunpur on 20th May, 1915. The substance of this agreement is that the judgment-debtor one of the two brother parties to the compromise, was declared to have a right of maintenance in certain villages enumerated, the right being conferred expressly "without power to transfer."

(3.) THEIR Lordships are of opinion that the right of maintenance is in point of law not attachable and not saleable. They thick that Section 60 of the Civil Procedure Code Head N, precludes an application for that purpose.