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1950 Supreme(Bom) 80

P.B.GAJENDRAGADKAR, M.C.CHAGLA
Mirvahedali Kadumiya and Ors. – Appellant
Versus
Rashidbeg Kadumiya – Respondent


Judgment

Chagla, C.J.

1. The question that arises for our determination in this second appeal is the right of a Muslim wife to dower. The suit out of which this appeal arises was filed for the administration of the estate of one Inayat who died in 1980 leaving a widow Papabi and four daughters. Inayat had a brother living at the time of his death by the name of Kadumiya, and the parties arrayed on the two sides of the record are Inayats children and the children of Kadumiya who also claim an interest in the estate of their uncle, and the question that we have to decide is whether the children of Inayat as the heirs of their mother Papabi who died in 1935 are entitled to retain certain properties till the dower that was due to their mother has been paid. It has been found by both the Courts that on the death of Inayat, Papabi went into possession of certain properties belonging to her husband. In this appeal we are only concerned with the properties mentioned in Schedules II and v which the heirs of Papabi claim to regain till the dower due to their mother was paid. It has also been found as a fact by both the Courts that dower in the sum of 40,000 Ashrufees which amount to Rs. 6,40,











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