BURKITT, JOHN EDGE
Muhammad Ali Khan – Appellant
Versus
Puttan Bibi – Respondent
JUDGMENT
John Edge, Kt., C.J. and Burkitt, J. - A Muhammadan lady, who was entitled to something more than eleven lakhs of rupees as her dower, died. Her husband appears to have discharged that portion of the dower debt which was inherited by his son by the transfer of some property. The husband also inherited a portion of the dower debt. The father of the deceased lady has brought a suit against the husband of the deceased lady to recover his share, i.e., the father's share, which he took by inheritance to his daughter in the dower debt. He had applied for a certificate entitling him to collect debts to the amount of Rs. 1,50,000. It was necessary u/s 4 of Act No. VII of 1889 that he should have a certificate. The Judge declined to grant such certificate unless the applicant paid the 2 per cent, duty on the whole debt, i.e., the debt of eleven lakhs odd, which was due to the Muhammadan lady. There has been a uniform series of decisions in this Court according to which a certificate cannot be granted to collect a part only of a debt. There is no decision of this Court, or, so far as we know, of any other Court, which says that an applicant for a certificate, either under the present
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