MUSAMMAT ASMA BIBI Vs. ABDUL SAMAD KHAN

JUDGEMENT

(1.) The only point for determination in this appeal is the money value of 10 (ten) dirams or dirhams which has been found to be the dower of the plaintiff. The lower appellate Court has fixed it at about Rs. 35 (thirty-five). The learned Vakil for the plaintiff-appellant contends that the money value of 10 (ten) dirams is much more than Rs. 35. He relies on the following remarks in Sughra Bibi V/s. Musa Bibi 2 A. 573. But it would appear that we are not allowed to escape from a hopeless and helpless dilemma for we are told that we must either give this pauper plaintiff Rs. 51,000 or Fatima's portion of 10 (ten) dirams amounting to Rs. 107.

(2.) With due respect to the learned Judges who fixed the money value of 10 (ten) dirams at Rs. 107, we are unable to say that 10. (ten) dirams amount to Rs. 107.

(3.) A diram is "a silver coin usually weighing from forty-five to fifty grains; rather heavier than an English six pence." Wilson's Glossary p. 143. In a foot-note to the "Hidayah" it is stated that the value of the diram is very uncertain. Ten dirams according to one account make about six shillings and eight pence sterling. (The "Hidaya" by Grady p. 44.)