BANOO BEGUM Vs. MIR AUN ALI

JUDGEMENT

(1.) The plaintiff in this case is the widow of Sirdar Mir Abdul Ali, a detective policeman well- known in Bombay and hereinafter called the Sirdar, The plaintiff was his second wife, ho having had by his first wife, six children of whom a son defendant 1 herein is the only survivor. Defendants 2 and 3 herein are his children by the plaintiff.

(2.) The plaintiff claims under an agreement, which, it is said, was made on the occasion of his second marriage and is Ex. A in the case, afterwards, however, marked by me as A 1, as Ex. A was the affidavit of service on the second defendant.

(3.) The first issue raised is : Whether the Sirdar agreed to pay to the plaintiff 80 000 Ashrufces, that is, 24 lacs of Rupees, as "Meher" in consideration of their marriage as alleged in one of the plaints. The trial of this issue has taken a very considerable time; but there can be to my mind no question whatever as to that agreement having been proved. The evidence is so overwhelming in favour of it and the evidence against it so unsatisfactory that I do not propose to deal in detail with the evidence in support of it, the effect of which, however, may be stated shortly as follows :- The first witness, who is the eldest son of Hasson Saheb Kazi of Deopur, where, it is admitted, the marriage was performed and where the agreement is proved to have been executed, produces the deed, as ho says, from the records in his father's office. I see no reason for doubting his evidence, although he certainly was not a very intelligent witness and I find that the agreement was produced from the proper custody.