TEK CHAND
Fatima Bibi – Appellant
Versus
Lall Din – Respondent
JUDGMENT
Tek Chand, J. - This appeal arises of a suit instituted by Mt. Fatima Bibi, plaintiff, against her husband Lal Din and one Nizam Din for recovery of Rs. 1,000 on account of dower. The suit has been decreed by the Courts below against Lal Din but has been dismissed against Nizam Din. The plaintiff appeals urging that the claim should have been decreed against Nizam Din also. Both counsel admit before me that the marriage of the plaintiff with Lal Din took place on the 27th August 1932. On the same day a document (Ex. p./1) was executed by Lal Din as principal, and Nizam Din as surety, reciting that a sum of Rs. 1,000 had been fixed as dower, that Lal Din was liable to pay it and that if he failed to do so, Nizam Din, surety, would pay the same and that his moveable and immovable property as well as his person would be liable. The Courts below have found that this deed was executed some time after the marriage and, there, fore, it was without consideration. After hearing counsel for the respondent I find myself unable to agree with this conclusion. Assuming that the amount of dower was fixed subsequent to the marriage and that Nizam Din guaranteed the payment of the amount by
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