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Alli HussaIn and anr. Vs. Sajuda Begum and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Judge
Reported in(1898)ILR21Mad27
AppellantAlli HussaIn and anr.
RespondentSajuda Begum and ors.
Cases Referred and Mussumat Toonanjan v. Mussumat Mehndee Begum
Excerpt:
muhammadan law - shiyas--inheritance by childless widows. - .....entitled to any share in the land of her husband are to be found in mussamut asloo v. mussamut umdutoonnissa 20 w.r. 297 and mussumat toonanjan v. mussumat mehndee begum 3 agra high court reports 13. we see no reason to differ from those decisions. elberling's work referred to by the subordinate judge in support of the contrary view is no authority.2. we, therefore, reverse the subordinate judge's decree and restore that of the munsif, with this modification that, in place of the sum of rs. 125 to be divided between the parties in the proportions stated, the sum of rs. 2.8 be inserted.3. we make this modification in the munsif's decree in accordance with the findings of the subordinate judge which were overlooked in the passing of his decree. we also modify the decree of the munsif as.....
Judgment:

1. The authorities in support of the Munsif's finding that a childless widow of the Shiya school is not entitled to any share in the land of her husband are to be found in Mussamut Asloo v. Mussamut Umdutoonnissa 20 W.R. 297 and Mussumat Toonanjan v. Mussumat Mehndee Begum 3 Agra High Court Reports 13. We see no reason to differ from those decisions. Elberling's work referred to by the Subordinate Judge in support of the contrary view is no authority.

2. We, therefore, reverse the Subordinate Judge's decree and restore that of the Munsif, with this modification that, in place of the sum of Rs. 125 to be divided between the parties in the proportions stated, the sum of Rs. 2.8 be inserted.

3. We make this modification in the Munsif's decree in accordance with the findings of the Subordinate Judge which were overlooked in the passing of his decree. We also modify the decree of the Munsif as to costs by directing that the costs of the parties be borne by themselves throughout.


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