Abdur Rahim, Kt. Offg. C.J.

1. The first question asked by this reference is whether a Muhammadan widow, who is lawfully in possession of her husbands property after his death but not by virtue of any agreement with his other heirs, is entitled to retain such possession until the dower due to her has been paid or satisfied, before the property in her possession is divided among the heirs.

2. In the Allahabad and Calcutta High Courts there have been a long series of decisions, some of them conflicting with the others, on the subject of a Muhammadan widows lien for dower, but in this Court the question is practically bare of authority. There are also four decisions of the Privy Council in this connection, the latest being in the case of Hamira Bibi v. Zubaida Bibi (1916) I.L.R., 38 All., 581 (P.C.). Our main task is to ascertain whether in the course of their judgment in the last case the Judicial Committee wanted to confirm the view of the law expounded by the Chief Justice, Sir John Edge, of the Allahabad High Court in Amanat-un-nissa v. Bashir-un-nissa (1895) I.L.R., 17 All., 77, restricting the lien of the widow to cases where she had entered upon possession in order to sat