Skip to content


Muhammad Yar Khan Vs. YasIn Khan and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad High Court
Decided On
Judge
Reported in(1897)ILR19All504
AppellantMuhammad Yar Khan
RespondentYasIn Khan and ors.
Excerpt:
muhammadan law - dower--suit by heirs of muhammadan widow for her dower--alienation of property of the deceased husband by his heirs pendente lite. - john edge, kt., c.j. and blair, j.1. a suit for dower was brought by the heir of a muhammadan widow. while that suit was pending, the heirs of the deceased husband of the widow mortgaged the property which had belonged to the deceased husband in his lifetime. the heirs of the widow got a decree which could only be executed against the assets of the husband which the heirs of the, husband had in their possession. the case is governed by the principle laid down by their lordships of the privy council in bazayet hossein v. dooli chand i.l.r. 4 cal. 402. applying that principle, we allow this appeal, and set aside the decree of the court below and the decree of the first court, and dismiss the suit with costs in all courts.
Judgment:

John Edge, Kt., C.J. and Blair, J.

1. A suit for dower was brought by the heir of a Muhammadan widow. While that suit was pending, the heirs of the deceased husband of the widow mortgaged the property which had belonged to the deceased husband in his lifetime. The heirs of the widow got a decree which could only be executed against the assets of the husband which the heirs of the, husband had in their possession. The case is governed by the principle laid down by their Lordships of the Privy Council in Bazayet Hossein v. Dooli Chand I.L.R. 4 Cal. 402. Applying that principle, we allow this appeal, and set aside the decree of the Court below and the decree of the first Court, and dismiss the suit with costs in all Courts.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //