High CourtsDivision Bench(1926) 03 MAD CK 0028

Alamelu Ammal vs Raja and Another

Madras High Court · Decided on 10 March 1926 · Citation: AIR 1926 Mad 1167 : (1926) 24 LW 485

HON’BLE JUDGES
Venkatasubba Rao, J

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Judgment

8 paragraphs · 188 words

Venkatasubba Rao, J.—There is clearly no point in this second appeal. It is urged for the appellant that her maintenance was by the terms of

the Will made a charge upon the property and that therefore Ex. I which is not registered is not valid as a receipt''. This contention is unfounded

because there is no charge created by the will. The clause relating to payment of maintenance is, in the usual form, directing the testator''s son to

pay the plaintiff maintenance at a certain rate. As is pointed out in Narayanrao Ramchandra Pani v. Ramabai 3 Bom. 415 this does not create a

specific charge on the inheritance but merely imposes an obligation upon the son to make a payment for the maintenance of the person specified.

2.

Granting for a moment that a charge was created, even then Ex. I does not require registeration : see my judgment in Gopalaswami Aiyar v.

Kalyana Rangappa AIR 1925 Mad. 348. There are no words in the receipt purporting to extinguish the charge; and it does not, therefore, require

registration. The second appeal fails and is dismissed with costs.