Judgement

Consolidated Appeals from two decrees of the High Court (August 11, 1910) varying two decrees of the Subordinate Judge of Gorakhpur (September 15, 1906).

The first respondent, defendant in both suits, was the widow of Inayat Ullah, who died in 1892. The suits were instituted in 1906 by the other heirs of Inayat Ullah to recover their shares in the estate, in the possession of which the first respondent had been allowed to remain in exercise of her lien for dower. The plaintiffs alleged that the dower had been satisfied out of the profits. The sole question was whether in accounting for the profits of the estate the widow was entitled to interest, claimed at 6 per cent., upon her dower debt. The facts are stated in the judgment of their Lordships.

The Subordinate Judge framed several issues, of which the following only were material to the appeal (8.) According to law and custom, is interest allowable upon dower debt ? (9.) Is the defendant entitled to any, and what, damages by reason of non- payment of her dower debt ?

The two suits were tried together. The Subordinate Judge held that the defendant was entitled to the interest claimed, and found that the net annual income