Jaina Law Bhadrabahu Samhita

Author(s): J L Jaini
Publisher: ZZZ Unknown

Page 85

T
APPENDIX B.
69
The above findings are based upon the following considerations :
Reasons.
Finding No. 1.-All the items of property mentioned in the finding are admitted by the defendants to be in their possession, except the last item, i. e., safe, worth Rs. 25. It has come out in the evidence of the defendant Mangilal when he was examined by the plaintiff as one of the plaintiff's witnesses (Exhibit 25).
As to the remaining items alleged by the plaintiff to be in the possession of the defendants, the defendants say that houses Nos. 1, 2, and 3 are not in their possession, but that they have been disposed of as follows:
House No. 1 is given to Siddhawar Koot Temple. House No. 2 is given to the 2 sisters of Pyarchandsa. House No. 3 is given to Tilokchandsa. (See Exhibit 10
and Exhibit C).
That this is so is not controverted or rebutted by evidence by the plaintiff. Nay, his own witnesses, Bhikasa and Mangilal, (Exhibits 20 and 25 respectively) depose that the houses are not in the possession of the defendants. The plaintiff himself (Somchandsa) was examined as his own witness on 23rd October 1914. My learned predecessor, Mr. Kamodia, who recorded his evidence, has left a note on the record worded as follows:
"This witness is an unreliable witness. This witness does not tell the truth. He states things which he does not know himself."
These are serious remarks; but I do not see any reason to differ from them in view of the findings at which I have arrived after a full consideration of the evidence and Law in the case.
As to house No. 6:
This also is not in the possession of the defendants, as