JUDGMENT : Stanley, J. The rulings of the Lower Court cannot be upheld. The plaintiff instituted the suit out of which this appeal has arisen, to recover arrears of an annuity which was provided for her by the will of the late Pandit Thakur Dat. By his will, Thakur Dat bequeathed all his property to two grandsons, Sri Nath and Narain Deo, and he gave a direction in the will that a monthly payment of Rs. 15, which he had been in the habit of making to the plaintiff, who was his mistress, should be continued, but he nowhere charges that annuity upon any part of his property. Nor does he indicate any intention on his part that the property should be charged with it. The present defendant-appellant, Bhagwati Prasad, is the purchaser of the share of Narain Deo of the immoveable property bequeathed by Thakur Dat, and he is sought to be made liable for the half of the monthly sum, by the will directed to be paid to the plaintiff. 2. In the absence of a charge upon the property of the plaintiff's annuity, it is quite clear that she has no right to obtain it from a purchaser of any portion of the property. The Courts below, in the absence of a charge, have decreed the claim. It may be that they considered it a hardship on the plaintiff that she should not have a charge on the testator's property, but as the testator did not think fit to create a charge in her favour, the Courts are not entitled to do so. We must, therefore, allow the appeal, set aside the decrees of the Courts below, and dismiss the plaintiff's suit. We do not think that this is a case in which we should award costs. Under the circumstances we make no order as to costs.