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17. The next question for consideration is whether suit lands were given to the as dower or in lieu of dower and whether such a transfer in favour of the plaintiff requires registration as per the provisions under. Section 17 of the Indian Registration Act.

18. Ex.P. 4 is in Urdu. Its English Translation is furnished. The relevant words, in this behalf, appear in clumn No. 10 as follows : -

"Amount of Dower in coins whether prompt or deferred dower :
Sy. No. 165. 15 acres 20 guntas, situated at Anwari Tq. Lingsugur.
Sy. No. 166. 28 acres 23 guntas, situated at Anwari, Tq: Lingsugur, two lands given in lieu of Dower prompt dower."

It is clear that amount of dower in coins is not mentioned. It is also clear that the suit lands were given to the plaintiff to meet the dower debt. Whether the words 'in lieu,of dower' would in these circumstances be of special significane and import is to be considered in the light of various decisions rendered by various High Courts while dealing with this aspect of the matter of registration and the question whether such transfer is simple gift (hiba), or 'hiba-bil-iwaz' or sale. The principle that under Mahomedan law, dower is an obligation imposed upon the husband as a mark of respect to the wife has been accepted by all the High Courts. It is well settled that dower or Mahr can be in law recovered by the wife concerned by instituting an action in law as if it was a debt due to her. Hence it follows that the obligation to pay dower to his wife that Mahomedan law imposes on a husband gives rise to a debt in favour of his wife. Dower in law can be prompt or deferred. If it is prompt that obligation is to be discharged at the time of the marriage. If it is deferred it is to be discharged when the specified event occurs and on demand made by the wife. It is well settled that dower or Mahr can be in cash or in kind.

26. It is well settled that payment of prompt or deferred of dower, may be, in cash or in kind, to be made by the husband to his wife, at the time of the marriage is a pious obligation cast on the husband by Mahomedan Law. This obligation makes such dower a debt due to the wife, which she can claim as permitted by law.

27. In the case on hand dower settled was prompt in nature, as is clear from column 10 in Ex. P. 4. It was to be paid at the time of the marriage itself and not in lieu of a preexisting debt. The case of the plaintiff was that in fact it was paid by giving the suit land to her and putting her in possession of the same. That is also the evidence adduced by her. The question is whether this way of transferring the suit lands in her favour is hit by the provisions of the Registration Act. According to the plaintiff the transfer was by way of oral gift in accordance with the principles of Mahomedan Law. The argument against this is that when the transfer is in lieu of dower, it ought to have been by way of, a document and such document becomes compulsorily remittable. It is in this context the words in lieu of dower occurring in column 10 of Ex.P. 4 assume importance.