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Allahabad High Court
Muhammad Yar Khan vs Yasin Khan And Ors. on 31 May, 1897
Equivalent citations: (1897) ILR 19 All 504
Bench: J Edge, Kt., Blair


JUDGMENT

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

1. 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 I.L.R. 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.


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