MARIAMNISSA BIBI Vs. JOYNAB BIBI

JUDGEMENT

(1.) This appeal is against a decision of Mr. Deb, the District Judge of Hooghly, dated the 21st January 1895. The facts are that on the death of one Mahomed Mehdi, his two widows Mariana and Joynab Bibi brought suits to recover their dowers from the estate of their deceased husband. Mariam Bibi's suit was No. Ill of 1903, and Joynab's No. 112 of 1903.

(2.) In both of these suits there wag a contention as to the liability of two houses for the dowers sued for. In Mariam Bibi's suit, she alleged that she had bought these houses with her own money, and that they were not liable for her dower. Joynab Bibi as defendant traversed in that suit that statement. In Joynab Bibi's suit she alleged that these two houses were part of Mahomed Mehdi's estate and sought to have them declared liable for her dower, while Mariam Bibi as defendant contended that they had been purchased with her money and were not so liable.

(3.) The question as to ownership of the houses and their liability for the claim for dower was raised in the issues framed in both suits, having been the subject of issue No. 2 in Mariam Bibi's suit No. 111, and of issue No. 3 in Joynab Bibi's suit No. 112.