Judgement

Appeal (No. 90 of 1935) from a decree of the High Court (October 31, 1933) affirming a decree of the Subordinate Judge of Moradabad (January 22, 1930).

The suit out of which this appeal arose was brought by the appellants, husband and wife, as heirs, for the recovery of a one-third share of the Rs.25,000 dower payable to their daughter, Musammat Ejaz Fat ma, since deceased, upon her marriage with S. Farzand Hasan (respondent No. 1), the son of Sibti Hasan. At the time of his marriage S. Farzand Hasan was an infant without independent means. The appellants, who were entitled between them to a one-third share of their daughters estate, brought the action after the death of Sibti Hasan, and claimed a one-third share of the dower, Rs,8333~5-4, and impleaded as defendants their daughters husband and his mother, brother and sisters as the heirs of Sibti Hasan, The principal points were whether Shia Mahomedan law was applicable to the questions in issue, and if so, whether according to that law the dower debt due to the wife was payable out of the fathers estate in the hands of his heirs.

The facts appear from the judgment of the Judicial Committee.

The Subordinate Judge found t