High CourtsDivision Bench

Ruka Bai vs Ganda Bai

Allahabad High Court · Decided on 13 February 1878 · Citation: (1875) ILR (All) 594

HON’BLE JUDGES
Robert Stuart, C.J · Pearson, J
RESULT
Disposed Of
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Judgment

1 paragraphs · 119 words

Pearson, J.—The appeal must prevail. The diminution of the income of the estate on which the defendant''s income is chargeable, since her allowance was fixed, is obviously a sufficient cause for the present action of which the object is the reduction of the allowance formerly fixed. It would be unreasonable to hold that, even if the income of the estate should come to an end altogether, that allowance should still continue; and therefore it must be liable to be reduced in proportion to the existing income. We set aside the lower Appellate Court''s decree and remand the case to it for fresh disposal on the merits, with a direction that the costs of this appeal shall follow the result.