PRIVY COUNCIL

                  Annapurnabai

                  Vs.

                         Ruprao
(Lords Dunedin Atkinson and Sir John Edge JJ.)

                  29.07.1924

                  JUDGMENT

LORDS DUNEDIN J.

1. One Shankar Rao died leaving behind him two widows Ambu Bai and Annapurna
Bai. The plaintiff Ruprao claimed to be adopted by Ambu Bai and he on attaining
majority in 1915 sued for possession of Shanker's property. The suit was resisted by
Annapurna Bai and one Kashinath who also alleged to be on adopted son of Shankar
Rao through Annapurna Bai. Annapurna Bai, prayed for maintenance in case the
adoption of Kashinath was not proved.

2. The lower Court decreed the suit but granted Rs. 800 per year as maintenance to
Annapurna Bai. On appeal, the decree was varied by increasing the amount of Rs. 800
to Rs. 1,200 but in other respects the decree of the lower Court was left unchanged.

3. The defendants then applied to the Court of the Judicial Commissioner for leave to
appeal to the Privy Council; but the application was dismissed on the ground that the
decree of the first Court bad been affirmed by the appellate Court except in respect of
"a small change" in the amount of maintenance and no question of law being involved,
the leave could not be granted.

4. On the application for special leave coming up for hearing it was contended on
behalf of the petitioners that the appellate Court in enhancing the maintenance
allowance did not affirm the decree of the first Court but in fact varied it and therefore
no substantial question of law need be involved. The petitioner's contention was held
to be sound and the following judgment was delivered.

Lord Dunedin :- In the opinion of their Lordships the contention of the petitioners'
Counsel as to the effect of Section 110 of the Code of Civil Procedure is correct and
the petitioners had a right of appeal. They should have special leave to appeal, but it
should be limited to the question as to the maintenance allowance.
5. Their Lordships will humbly advise His Majesty accordingly.
Application allowed.