MOHAMMAD SHAHABUDDIN Vs. UMATOR RASOOL

JUDGEMENT

(1.) This is an appeal by the plaintiff against the judgment of the Additional Subordinate Judge of Patna. The plaintiff was one Musammat Bibi Saliman alias Salima, wife of Sheikh Athar Hussain deceased. She claimed dower to the extent of Rs. 40,000/- and one gold mohar according to Sunni Hanafi School of Mohammadan Law alleging that her husband, Athar Hussain, had agreed to pay this amount as dower to her at the time of her marriage which had taken place in 1910. She was the second wife of Sheikh Athar Hussain, his first wife having died leaving behind a daughter and defendant No. 1 (respondent No. 1).

(2.) Defendants 3, 4 and 5 are widow and daughters of Ghazaffar Hussain, brother of Athar Hussain. Defendant No. 6 is the husband of defendant No. 1 and defendant No. 2 is his son. The plaintiff alleged that after the death of her husband she demanded her dower but defendants 1 to 7 and 13 refused to pay the amount. It was disclosed that almost the entire properties of Sheikh Athar Hussain bad been transferred by him by several deeds. She challenged the different transfers alleged to have been made by Athar Hussain as having been brought about fraudulently by the defendants taking advantage of his mental weakness caused by the serious illness of Athar Hussain preceding his death. She thereafter filed the suit claiming Rs. 26000/- as dower remitting Rs. 14000. She also prayed that a decree for administration of the estate of Athar Hussain be passed and after realisation of her dower and costs of the suit and interest, if there be any residue, the plaintiff should be awarded her share therein. There was a further prayer that the deeds of Hiba-bil-evaz and Baibamafi-zarsaman alleged to have been executed by Athar Hussain should be declared to have transferred no title, in respect of the properties mentioned therein, to any of the defendants. There was subsequently an amendment of the plaint and by this amendment the plaintiff sought the aforesaid declaration also in respect of one sale deed dated the 19th August, 1948 alleged to have been executed by Athar Hussain in favour of Abdul Quaiyum, brother of defendant No. 1's husband.

(3.) AS many, as six written statements were filed by different sets of the defendants, but the defence was almost similar and the only point which has been pressed before us was that the dower of the plaintiff had been fixed at Rs. 500/-and not Rs. 40,000/- and a gold mohar and that this amount of Rs. 500/- had also been paid off by Athar Hussain: that Athar Hussain had died leaving behind cash and ornaments and other valuable movables of the total approximate value of Rs. 15000/- which had come in the possession of the plaintiff who should be asked to surrender them before any decree for administration of the estate could be passed in her favour.