V.RAMASWAMI, NARAYAN
Mt. Bibi Khudai Jatul Kubra – Appellant
Versus
Mt. Bhagalan – Respondent
Ramaswami, J.
1. This rule is directed against an order of the Subordinate Judge of Patna refusing to permit the applicant to sue in forma pauper is.
2. The applicant brought a suit against the the opposite party claiming a sum of Rs. 13,000 odd being her dower debt against the estate of her deceased husband. The court-fee payable was Re. 1,500 odd. The applicant alleged that she was not possessed of sufficient means to pay the court-fee. For the opposite party a survey khatian (EX. A) was filed to show that about 3 bighas of raiyati land stood recorded in the name of Tasaduk Hussain in khatas 411 and 664 in village Kolawan. It is conceded that Tasaduk Hussain died leaving behind a son and two daughters, one of whom is the applicant. It was alleged that Tasaduk Hussain has a house, area ,27 acre, plot No. 3186 of Khata No. 411. For the applicant it was stated that the properties were included in a wakfnama executed by Iltaf Hussain who was the real owner thereof. It was objected also that the survey entry was incorrect. The learned Subordinate Judge held upon evidence that the applicant had 1/4th share in the raiyati land of khatas 411 and 654 and also a share of the house
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