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APPENDIX B.
doubt, to my mind, was a child of ignorance of Jaina Sastras, and of lack of acquaintance with Jaina customs and usage. The Jaina Law books and the practice of the Jaing community leare no doubt that the ancestral character of the property does not in any may limit the absolute rights of enjoyment and alienation which the widow of a separated Jaina coparcener has over his property.
Taking this vier of the Jaina Lat tests and the practice of Jainas as established by the oral and documentary evidence on the record, I repeat my finding that the will of Bhagabai is quite valid and legal.
Finding No. 3. As the lady died intestate with respect to certain items of her property, viz., one pair of gold bands for bangles and one safe, wbich are in the possession of the defendants and admitted by them or proved against them, I find that the plaintiff as next reversioner is entitled to the following properties :
1 pair of gold bands for the bangles.
1 safe. I order these two items to be made over to the plaintiff by the defendants.
The last point taken up by the learned pleader for the plaintiff was that some property in dispute was ancestral property, and, as such, beyond the powers of alienation of the Jaina widow testatrix. This point was taken up no less than one full week after arguments had been finished before me, and I had reserved the case for judgment. The original issues were settled on 15-8-14; and the case before me closed on 22-4-1915; and the new point raised on 29-4-15. I would have certainly rejected the prayer for an isnuo at such a more than late stage of the proceedings. But in the interests of substantial justice, and to obviate the necessity of a remand in case this judgment is appealed against, I
