BASHIR MOHAMMAD KHAN Vs. MDKABIR AHMAD KHAN

JUDGEMENT

(1.) This is an application by the principal defendant, Bashir Mohammad Khan, for leave to appeal to His Majesty in Council from a decision of this. Court which reversed the decision of the Subordinate Judge in a suit instituted for recovery of the plaintiff's share in a dower which he alleged to be Rupees 40,000 and one gold deceased to the deceased, Mt. Bibi Hamidan. Zahir Ahmad Khan and Monir Ahmad Khan, brothers of the plaintiff, were also made pro forma defendants in the suit on the allegation that although they were to Tiave joined in the suit, they refused to join as they could not arrange for the court-fees and they would institute a suit hereafter. The appellant's ease was that the dower debt was only Rs. 500 and further that the suit of the plaintiff was barred by limitation.

(2.) The learned Subordinate Judge came to the conclusion that the evidence of the witnesses of the plaintiff was unsatisfactory to prove that the dower fixed was Rs. 40,000 and one gold mohur. He also Jaeld that the dower debt must be assumed in this case to be prompt in part and deferred as to the other part and as Mt. Bibi Hamidan must have made a demand for the payment of the prompt portion of the share soon after the difference with her husband, which took place long before the institution of the suit, the plaintiff was not entitled to any decree.

(3.) This decision was reversed by this Court on the finding that the dower fixed was Rs. 40,000 and a gold mohur and that there was no satisfactory evidence that a part of the dower was prompt. The result was that a decree was passed in favour of the plaintiff for Rs. 6666-8-8 on account of his admitted shajre in the dower of the deceased, Mt. Bibi Hamidan.