IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.982 of 2007 RAMANAND SINGH Versus SHANTI DEVI ----------- 2 25.08.2008 Heard counsel for the petitioner. In the opinion of this Court the amount of Rs. 1200/- per month by way of monthly maintenance and Rs. 5000/- by way of cost of litigation cannot be interfered by this Court specially when it is found that the petitioner had two sources of income namely, one from his own employment by way of daily mazdoor and the other from the agricultural sources. The plea of the petitioner that actually whatever agricultural income were there have since disappeared on account of the sale of the tractor or that the land actually belonged to the grand father and grand mother, cannot be accepted for a simple proposition that the Court below has found from the evidence on record that the Block Development Officer had issued a certificate with regard to the family of the petitioner owning 9.87 acres of land. If that be so, the amount of Rs. 1200/- per month by way of maintenance cannot be said to be excessive much less illegal so as to be interfered by this Court under Section 115 of the Code of Civil Procedure. Accordingly, this Court does not find any merit in - 2 - this Civil Revision application and the same is hereby dismissed with a direction to the petitioner that he must deposit the arrears and current amount within a period of one month from the date of receipt/production of a copy of this order failing which the Court below will be at liberty to realize the same by taking coercive steps against the petitioner. Bibhash (Mihir Kumar Jha, J.)