Judgement

Appeal (No. 79 of 1922) from a decree of the High Court (March 19, 1919) affirming a decree of the Subordinate Judge of Allahabad (March 18, 1916).

The facts, which appear more fully from the judgment of the Judicial Committee, were shortly as follows—

A Mahomedan named Muin-ud-din died in 1890 possessed of immovable property, the subject of the present litigation. He was survived by his widow, the appellant Maina Bibi, who entered into possession of his property. In 1902 the plaintiffs, respondents in the [present suit, sued the widow, claiming immediate possession of their shares of the estate. The widow pleaded that the estate was a gift to her by her husband, and alternatively that she was entitled to possession until her dower was paid. The trial judge in 1903 made a decree for possession on condition that the plaintiffs paid to the widow Rs.25,387 within six months, and the decree provided that in default of payment the suit should be dismissed An appeal to the High Court was dismissed, the time for the payment being extended to December 3, 1906. The plaintiffs-respondents did not pay the money and the widow remained in possession.

In 1907 Maina Bibi executed two de