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1910 Supreme(All) 362

SIR JOHN STANLEY, KNIGHT, BANERJI, KARAMAT HUSAIN
Hamira Bibi – Appellant
Versus
Zubaida Bibi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pandit Sundar Lal.

JUDGMENT :

KARAMAT HUSAIN, J.

The property in suit belonged to one Inayat-ul-lah, who died on the 10th of March, 1892. Zubaida Bibi is his widow. Her dower as found by this Court (see 43, Appellant's Evidence) was one lakh of rupees, and she was put into possession of the estate by her husband in lieu of her dower.

The suit out of which this appeal has arisen was brought by the plaintiff appellant for the recovery of her share (1 anna 2 2/5 pies out of 16 annas) in the estate in the possession of Zubaida Bibi on the allegation that Zubaida Bibi had been in possession of the said estate for more than 14 (fourteen) years; that her dower debt of one lakh of rupees had been satisfied out of its usufruct that she had realized a sum of Rs. 12,240-12-5 over and above her dower; and that the plaintiff was entitled to Rs. 918-2-0 out of the excess. The plaintiff expressed her willingness to pay a share of the dower debt proportionate to her share in the estate, in case it was found that the dower debt was still due to Zubaida Bibi.

The pleas raised in defence by Zubaida Bibi, which we have to consider in the appeal, were that she was entitled to interest at the rate of Rs. 0-8-0 per cent, per m

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