SABIR HUSAIN Vs. FARZAND HASAN

JUDGEMENT

(1.) This is a reference under Section 5, Court-fees Act, 1870.

(2.) The suit was for Rs. 8,333-5-4 as the plaintiffs share of the dower of their deceased daughter who was married to defendant 1; Rs. 2,994-0-8 was also claimed as interest. The trial Court decreed the plaintiff's suit for Rupees 8,333-5- 4 against the person and personal property of defendant 1, but refused to pass a decree against the assets of Sibte Hasan in the possession of defendants 2 to 5. The claim for interest was dismissed.

(3.) The plaintiffs in the appeal claim a further sum of Rs. 2,166-10-8 on account of interest. They also ask that the suit may be decreed against the assets of Sibte Hasan in the hands of defendants 2 to 5. An ad valorem court-fee has been paid on the amount of interest claimed. In respect of the relief that the suit be decreed against the assets of Sibte Hasan in the hands of defendants 2 to 5, a court-fee of Rs. 10 only has been paid.