Research › Browse › Judgment

Madras High Court · body

1901 DIGILAW 191 (MAD)

Ameer Ammal v. Sankaranarayanan Chetty

1901-12-18

BHASHYAM AYYANGAR, MOORE

body1901
JUDGMENT 1. The decision of the District Judge is, in our opinion, right. A widows claim for dower under Muhammadan Law is not a lien on her husbands 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.