JOHN STANLEY, WILLIAM BURKITT
Maqbul-un-Nissa Begam – Appellant
Versus
Abdul Karim Khan and Muhammad Raza Khan – Respondent
JUDGMENT
John Stanley, C.J. and William Burkitt, J. - This appeal arises out of a suit brought by the plaintiff, one of the two heirs of Musammat Kadri Begam, the deceased wife of the defendant, for her share of the deferred dower of Musammat Qadri Begam, which became due on her death. The Court below decreed the plaintiff's claim. Of the grounds of appeal only two were pressed before us, one being that the suit was barred by limitation and the other that without the production of a succession certificate the Court below was not justified in passing a decree.
2. As regards the question of limitation the allegation of the defendant is that Qadri Begam died on the 16th of September 1902, whereas the plaintiff says that she died on the 19th of that month. If she died on the earlier date, the suit, which was not instituted until the 18th of September 1905, is barred. We have carefully considered the evidence of the witnesses who were examined for the respective parties. This evidence is very conflicting. But upon full consideration of it we are quite unable to hold that the learned Subordinate Judge was wrong in the decision at which he arrived. He had the witnesses before him and was in
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