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Alijan Bibi and ors. Vs. Srimati Safia Bibi, Widow of Mohamed Yousuf and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtKolkata
Decided On
Judge
Reported in51Ind.Cas.623
AppellantAlijan Bibi and ors.
RespondentSrimati Safia Bibi, Widow of Mohamed Yousuf and ors.
Excerpt:
muhammadan law - dower--widow in possession of estate in lieu of dower, whether liable to account for profits. - 1. the only question in this appeal is whether the statement of the law as made by the learned judge of the lower appellate court is correct. what is found is this: the plaintiff-respondent is a mahomedan widow. she is entitled to a dower from her late husband's estate. she is in possession of a small piece of land of about 7 bighas, and the judge seems to consider that the income of that land would not exceed the amount growing due for interest on the amount of arrears of the dower. in that view of the case, the learned judge declined to decree the appeal before him or to direct the plaintiff-respondent, the widow, to account for the profits that she received from the land. i think that is right. of course, the appellants have their matter in their hands. they can pay to the widow her.....
Judgment:

1. The only question in this appeal is whether the statement of the law as made by the learned Judge of the lower Appellate Court is correct. What is found is this: The plaintiff-respondent is a Mahomedan widow. She is entitled to a dower from her late husband's estate. She is in possession of a small piece of land of about 7 bighas, and the Judge seems to consider that the income of that land would not exceed the amount growing due for interest on the amount of arrears of the dower. In that view of the case, the learned Judge declined to decree the appeal before him or to direct the plaintiff-respondent, the widow, to account for the profits that she received from the land. I think that is right. Of course, the appellants have their matter in their hands. They can pay to the widow her dower and get rid of her and the sooner they pay the dower the quicker they get rid of her. That is the only remedy for the appellants to pursue, that is, to pay off the widow and to get the land.

2. The present appeal, therefore, fails and is dismissed with costs.


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