NOOR JAHAN BEGUM Vs. ABRAR AHMAD KHAN

JUDGEMENT

(1.) This is a plaintiff's second appeal in a suit for recovery of dower, which was alleged to have been fixed at Rs. 10,000/-. The trial court decreed the suit for Rs. 500/- and the lower appellate court has confirmed that decree. The only dispute in this ease is whether the amount of dower settled was Rs. 10,000/- as claimed by the plaintiff. A Nikahnamg Ext. 4 was executed in this case but unfortunately the copy of it, which was produced is soiled and not easily decipherable. The trial court took the view that although the execution and attestation of the Nikahnama was proved by the witnesses, its contents were not proved because the handwriting of the person who wrote the Nikahnama was not stated to be his. The lower appellate court accepted that view of the trial court and also took the view that oral evidence was inadmissible in view of the fact that the terras of the Nikah were reduced to writing. The lower appellate court also found the plaintiff's evidence to be un-reliable.

(2.) The first question which arises in this appeal is whether the contents of the Nikahnama, if decipherable, can be read in evidence and if not whether the oral evidence led by the parties could be taken into consideration, and if so whether the plaintiff's evidence has wrongly been rejected by the lower appellate court.

(3.) The two courts below have relied on Section 67 of the Indian Evidence Act for holding that the contents of the Nikah-nama were not admissible in evidence inasmuch as the hand-writing was not proved. Section 67 of the Indian Evidence Act is in the following terms :