GHAFOOR KHAN Vs. MUSAMMAT KALANDARI BEGAM

JUDGEMENT

(1.) The facts are these. Musammat Kalandari Begam, one of the heirs of Musammat Gujrati Begam, deceased, applied for a Succession Certificate for the collection of a portion of the dower debt of Gujrati Begam. Her husband Ghaffoor Khan objected that no certificate for the collection of a portion of a debt could be granted.

(2.) The learned District Judge overruled the objection and granted the certificate. In his order, dated the 18 of February 1910, he said: "I think the applicant is entitled to the certificate applied for by her for the balance of the dower debt after deducting the share of the same to which the objector is entitled and which is in his hand and of the share of Musammat Sahib Jan another heir which has become time-barred."

(3.) The objector preferred an appeal to this Court and repeated the pleas he had raised in the Court below. The case owing to conflict of authorities was heard by a Bench of three Judges. It was urged for the appellant that a Succession Certificate for a portion of a debt could not be granted. In support of the contention reliance was placed on the following cases: