C.H. Hill, J.

1. In my opinion the preliminary objection to the frame ofthe suit taken by Mr. Caspersz on behalf of the defendant, Hurro Lall Dutt, fails.The case of Ashutosh Bannerjee v. Lukhimoni Debya I.L.R. Cal. 139 is to my mindclearly distinguishable from the present. There what was decided was thatfuture maintenance awarded by a decree when falling due can be recovered inexecution of that decree without further suit. The question referred to theFull Bench, and decided, had no bearing on the proper method of enforcing adecree charging property to secure future maintenance. Here the decree, whichis the ultimate foundation of the suit, after declaring the amount payable tothe plaintiff in respect of future maintenance, and that it should be a chargeupon the house in Armenian Street, a specific item, that is, of the generalestate, goes on to direct that for the purpose of securing the payment of thefuture maintenance a deed should be executed in favour of the plaintiffcharging the house, on her executing a release of all her rights and interestin the general estate. This was done, and the present suit is brought on thedeed for the enforcement of the charge so created. It appears to me on generalprinciples that it would be impossible to give effect to this charge byproceedings in execution, or in any other manner than by a suit of the natureof the present.

2. Mr. Casperszs contention that it would be competent tothe plaintiff to proceed from time to time as her maintenance accrued dueagainst the house in Armenian Street by way of execution, is answered by thecases of Aubhoes sury Dabes v. Gouri Sunhur Pariday (ante, p. 859), and ChundraNath Dey v. Burroda Shoondury Ghose (ante, p. 813), which shew that the propermethod of enforcing a decree charging property with the payment of maintenanceis by suit.

3. In relation to the objection taken by Mr. Chakravarti thecase must stand over for one month in order that the estate of Protab ChunderMullick against which the claim is in part preferred may be duly represented.

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Matangini Dassee vs.Chooneymoney Dassee and Ors. (12.07.1895- CALHC)