LAWS(PVC)-1928-12-115

MOHAMMAD ZAHUR AHSAN Vs. MTMAIMUNA

Decided On December 04, 1928
MOHAMMAD ZAHUR AHSAN Appellant
V/S
MTMAIMUNA Respondents

JUDGEMENT

(1.) This is plaintiffs appeal arising out of a suit for recovery of Rs. 8,250 as the plaintiffs share in a dower debt.

(2.) One Hakim Sadruddin Ahmad died on 20 October 1924 leaving three sons by his first wife Mt, Umm-i-salama, a widow Mt. Maimuna, who is defendant 1 and her three sons and two daughters who are defendants 5 and 6. The plaintiffs alleged that the contracted dower between Hakim Sadruddin Ahmad and Mt. Umm-i-salama was Rs. 11,000. Mt. "Umm-i-salama died in 1907. Her heirs under the Mahomedan law were her husband Sadruddin and her three sons who are the plaintiff's in the suit.

(3.) The suit was contested on the ground that the claim was statute barred and that the amount of dower of Mt. Umm-i-Salama was not Rs, 11,000 but was only Rs. 2500.