Lord Buckmaster:-

The decision of this appeal depends entirely upon a simple question of fact, but this question has been so complicated by untrustworthy evidence, both verbal and documentary, that its determination is not easy. The real point is whether the dower fixed on the marriage of Moulvi, Zahur-ul-islam and Mt. Sanai Fatima Begum on the 3rd September, 1881, was Rs. 25,000 or Rs. 1,25,000. The appellants, who represent, the heirs of the husband, claim that it was the former sum; the respondents, who are the representatives of the wife, argue for the larger amount. That a dower was in fact fixed is beyond dispute. Some witnesses say that it was fixed at Rs. 25,000 in terms, others that it was fixed in terms at the higher figure: and between these two accounts there is the evidence of other witnesses who say on the one side that it was fixed at Rs. 25,000 or on the other at Rs. 1,25,000, this being the customary sum. The judgment then dealt with evidence and concluded as follows :-

In every appeal it is incumbent upon the appellants to show some reason why the judgment appealed from should be disturbed; there must be some balance in their favour when all the circumstances are co