SADIQ ALI Vs. ZAHIDA BEGAM

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit brought against thorn by the plaintiff-respondent to recover Rs. 10,000 for her dower and interest thereon. The plaintiff is the widow of Khan Bahadur Tasadduq Husain. The defendants arcs his other heirs. It was not contested that her dower was Rs. 10,000. The defendants contended that it had been paid up by the assignment of three assurance policies of Rs. 6000 each by the plaintiff's husband before his death. The learned Civil Judge found against the defendants and decreed the suit. It is not denied by the plaintiff that three assurance policies of Rs. 6000 each were assigned to her by her husband, K.B. Tasadduq Husain, before his death. The defendants case was that thin assignment was made to her in lieu of her dower, while the plaintiff contended that the assignment was made on account of love and affection and not in lieu of her dower. It has been contended on behalf of the appellants that the dower was paid up by this assignment; and if it was not, the assignment amounted to a gift which was invalid, and they were entitled to their share in the money which was realized by the plaintiff under the assignment. The appellants produced three witnesses, two of whom are defendants themselves. Zahir Alam and Zafar Alam are both the sons of K.B. Tasadduq Husain. Zafar Alam has stated: Plaintiff is my step-mother. K.B. Tasadduft Husain assigned three policies of value of Rs. 18,000 plus bonus to my step-mother and one policy of Rs. 6000 with bonus to my younger brother, Inamul Hasnain.... My father told me that Begam Saheba and her relations had been pressing him very much to make provision for the youngsters and that Begam Saheba should get her mahar, which was Rs. 10,000. Father told met that he told Begam Saheba and her relations that he had no ready cash to pay her or to make provision for the youngsters. He told me that he told Begam Saheba that he was going to insure himself and then assign the policies to Begam Saheba to meet his liabilities to her and the provision for the children. He said that the money which would come from the policies out of that Rs. 10,000 would go for dower of Begam Saheba and Rs. 10,000 would be for the education and maintenance of the children, as he was receiving threatening letters from the revolutionaries and he had no cash.

(2.) Zahir Alam has deposed: Khan Bahadur one day sent for me and my brother at Hapur, while he was sitting near his father. He then said that his wife s, my stepmother's relations were insisting that provision ba made for her children and dower. He said as he had no money in cash, he wanted to make arrangements for this by life insurance.... Excepting what I have said above, my father said nothing else in particular.

(3.) On comparing these two statements it will be found that there is some conflict in them. Both these witnesses have admitted that there was no talk about the payment of dower before this. Zafar Alam has stated: Father never mentioned to me about the dower except on the occasion I referred to, viz., early-October 1930, or what provision would be made for the dower.