Alli Hussain and Another vs Sajuda Begum and Others

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.

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.

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.