SULAIMAN
Mt. Mahtab-un-Nissa – Appellant
Versus
Rafaqat Ullah – Respondent
JUDGMENT
Sulaiman, J. - This is an Execution First Appeal arising from an objection raised to the attachment of certain property. The respondent is a purchaser of a decree for dower which had been passed in favour of Saiyid-un nissa deceased against Ali Hasan her husband. Ali Hasan died during the execution proceedings and Saiyid-un-nissa brought on the record the present appellant Mt. Mahtab-un-nissa and her daughters treating them as the 'heirs of the deceased Ali Hasan.' The first application for execution which was made against these parsons was ultimately struck off. A subsequent application was put in and these persons were again treated as the heirs of Ali Hasan deceased Mt. Mahtab un-nissa put in an objection that part of the property sought to be attached belonged to her exclusively as it had been transferred to her under a registered sale deed executed on the 9th of April, 1913, by Ali Hasan in her favour for a sum of Rs. 7,000. The decree-holder by way of reply put in the plea inter alia that the marriage of Mt. Mahfcab-un-nissa with Ali Hasan was illegal inasmuch as she was a Thakur woman and the wife of a living husband, that she had been kidnapped by Ali Hasan unlawful
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