Ali Bakhsh vs Alah Dad Khan - 1910 Supreme(All) 246

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1910 Supreme(All) 246

RICHARDS, TUDBALL
Ali Bakhsh – Appellant
Versus
Alah Dad Khan – Respondent

JUDGMENT

Tudball, J. - The sole question for decision in this appeal is whether the heirs of a Muhammadan widow, who has lawfully obtained possession of her husband's estate in lieu of her dower, are entitled to continue holding that estate after her death, until the dower debt has been discharged.

2. The present plaintiffs-appellants are the heirs of one Musammat Zahuran. This lady and Musammat Saliman were the wives of one Izzat Khan or Izzat IJllah, who died on 29th August 1905, leaving as his heirs the two widows (who as heirs were entitled to a 1/8th share each) and one Alladad Khan (who was entitled to 6/'8ths). On his death the widows each took possession of a half share. Musammat Zahuran died in December 1906 and the present plaintiffs as her heirs applied for mutation of names. They were opposed by Alladad Khan but defeated him in the Revenue Court. He then transferred his rights as heir to defendants Nos. 2 to 4 and so the plaintiffs have now sued for a declaration of their right to retain possession of the 3/8ths share in the estate of Izzat Khan of which the widow has taken possession (over and above the l/8t.h share which she took as heir) until the satisfaction of the d

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