JUDGMENT

Hamilton, J. - This is an appeal by Bibi Rehana Khatun whose suit to recover Rupees 25,500 as prompt dower from the defendant Iqtidar Uddin Hasan has been dismissed by the Civil Judge of Budaun. The plaintiff claims Rs. 25,500 as being a half of Rs. 51,000 fixed as dower, there having been no sum specified as prompt dower. The defendant alleges that there was no valid marriage as he entered into it under undue influence and similarly under undue influence the amount of Rs. 51,000 was fixed as dower, that there was a divorce by the Eela form in September 1933 so that this claim is time-barred, that the suit is not maintainable as there was no prior demand, that in any case the amount fixed as prompt dower should not exceed one fifth of Rs. 51,000 and finally that he, is entitled to pay only by instalments in view of the provisions of the Agriculturists' Relief Act. The learned Civil Judge found in favour of the defendant on all these, points and in addition he found against the plaintiff on the ground that she did not willingly enter into the marriage. It was never the case of the defendant that the plaintiff did not willingly enter into the marriage and in fact such an asse