Sabjan Bewa vs Ansar-Ud-Din - 1911 Supreme(Cal) 292

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1911 Supreme(Cal) 292

TEUNON, MOOKERJEE
Sabjan Bewa – Appellant
Versus
Ansar-Ud-Din – Respondent

JUDGMENT

1. This is an appeal on behalf of the first defendant in a suit for recovery of possession of land. The subject-matter of the dispute originally belonged to a Mahomedan by name Sarafat who died about the year 1897. He left two widows, who are the first two defendants in the present suit, a son, now dead, by the second widow, and two sons by another wife who had predeceased him. He also left a nephew, the son of his brother, who is the plaintiff in the present action. After his death, his property, after successive devolution, to the details of which reference is not necessary for our present purpose, vested in his son Said-ud-din. Upon the death of the latter, the plaintiff sues to recover possession of a two-thirds share by right of inheritance. The claim is resisted by the first widow as also by two usufructuary mortgagees, who have derived title from the heirs of the original owner. The first widow resists the claim on the ground that so long as her dower to the extent of two hundred rupees remains unpaid, she is entitled, under the Mahomedan Law, to continue in possession. The Court of first instance found that the widow was entitled to the dower debt, and made a condit

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