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Ameer Ammal Vs. Sankaranarayanan Chetty - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Judge
Reported in(1902)ILR25Mad658
AppellantAmeer Ammal
RespondentSankaranarayanan Chetty
Cases ReferredMussamut Wahidunnissa v. Mussamut Shubrathen
Excerpt:
muhammadan law - dower--suit on a mortgage executed by judgment-debtor--decree for sale--decease of judgment-debtor--sale by court--attempt by purchaser to obtain possession--resistance by widow on ground that her dower formed a charge on the land. - 1. the decision of the district judge is, in our opinion, right. a widow's claim for dower under muhammadan law is not a lien on her husband's property such as is obtained by a mortgage. the muhammadan law has nowhere placed a claim for dower as high as a mortgage, but has ranked it on a par with ordinary debts mussamut wahidunnissa v. mussamut shubrathen 6. beng. l.r. 54. in the present case the widow has no doubt been in possession since the death of her husband, but such possession can give her no right as against a purchaser in execution of a decree for sale passed on a mortgage executed by her husband. this appeal is dismissed with costs.
Judgment:

1. The decision of the District Judge is, in our opinion, right. A widow's claim for dower under Muhammadan Law is not a lien on her husband's property such as is obtained by a mortgage. The Muhammadan Law has nowhere placed a claim for dower as high as a mortgage, but has ranked it on a par with ordinary debts Mussamut Wahidunnissa v. Mussamut Shubrathen 6. Beng. L.R. 54. In the present case the widow has no doubt been in possession since the death of her husband, but such possession can give her no right as against a purchaser in execution of a decree for sale passed on a mortgage executed by her husband. This appeal is dismissed with costs.


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