High CourtsDivision Bench(1897) 05 AHC CK 0005

Muhammad Yar Khan vs Yasin Khan and Others

Allahabad High Court · Decided on 31 May 1897 · Citation: (1897) ILR (All) 504

HON’BLE JUDGES
John Edge, J · Blair, J
RESULT
Dismissed

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Judgment

1 paragraphs · 133 words

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