Madras High Court
Ameer Ammal vs Sankaranarayanan Chetty on 18 December, 1901
Equivalent citations: (1902)ILR 25MAD658
JUDGMENT
1. The decision of the District Judge is, in our opinion, right. A widow's claim for dower under Muhammadan Law is not a lien on her husband's 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.