Abdul Rahman Khan – Appellant
Versus
Mt Inayati Bibi – Respondent
JUDGMENT
1. These appeals arise out of a suit brought by one Mt. Inayati Bibi for her dower. She impleaded in the first place her husband Sarfraz Khan, his minor son Alauddin and one Inamullah, who is mortgagee of a portion of her husband's property. She claimed that her dower was Rs. 50,000 and that her husband had ten years ago made a gift to her of a four annas share in Mauza Manjhiari in lieu of Rs. 20,000 out of the dower debt. As however her husband had subsequently transferred his property in Manjharia partly to his son Alauddin by means of two deeds of gift and partly by means of a mortgage to defendant 3 Inamullah, she asked for a decree giving her possession of a four annas share in Manjhiari and a further decree for Rs. 30,000. In the alternative she prayed for a simple money decree for Rs. 50,000 and she also asked for a declaration that the deeds of gift made by her husband in favour of his son Alauddin are void and invalid as against her and that she can realize her dower from the entire gifted property.
2. During the trial of the suit Sarfraz Khan sold a one anna share in Manjhiari to Abdul Rahman Khan and on the plaintiff's request he was impleaded in this suit. The
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