JUDGMENT : Banerji, J.:— A preliminary objection has been taken to the bringing of this appeal on the ground that the suit out of which this appeal arises was of the nature cognizable by a Court of Small Causes, and consequently, having regard to the provisions 1905 of section 586 of the Code of Civil Procedure, no second appeal lies, the amount claimed being below Rs. 500. In answer to this objection it is contended on behalf of the appellant that the suit was one for maintenance and was not cognizable by a Small Cause Court, being excepted from its cognizance by article 38 of the Provincial Small Cause Courts Act. Neither in the plaint nor in the compromise on which the suit is based was any reference made to the amount claimed as being maintenance payable to the plaintiff. It appears that upon the death of the widow of one Ram Khelawan, the plaintiffs mother, Musammat Deo Kali, applied to the Revenue Court for the entry of her name. This application was resisted by the defendants. The matter was compromised with the result that the defendant agreed to pay Rs. 30 a year to Musammat Deo Kali. She is dead, and the plaintiff claims that amount upon the allegation that under the compromise he also is entitled 10 it, He does not purport to claim it as maintenance, nor, as we have already said, does the compromise make any mention of the payment of Rs. 30 by way of maintenance. 2. Further we are of opinion that article 38 of schedule II refers to a suit which is both in form and substance a suit for maintenance. 3. This the present suit is not. Consequently it was a suit of the nature cognizable in a Court of Small Causes, and no second appeal lies. This appeal is accordingly dismissed with costs.