Jaina Law Bhadrabahu Samhita

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

Page 88

72
APPENDIX B.
The plaintiff's contention is that Bhagabai had only a Hindu widow's estate and therefore the will is null and void. As to the law, he contended that, Jainas being Hindu dissenters, the parties are governed by Hindu Law and Bhagabai had only a Hindu widovr's estate. As to the defendants' evidence, he took objection, which can be classified as follows :-(1) that custom of one Jaina sect may not prevail in another sect; (2) the quantity and quality of evidence addnced are not enough to prove custom, because.
(i) Only six instances are given ; (ü) The oldest of them is 10 years old; (ii) in the instances given the reversioners did not dispute
the gifts made by the widows; (iv) The Jaina Lav Books cited do not give an absolute
· Estate to the widow ; (3) The Jaina Law Books are no authority, because they have never been cited in courts in British India ; and (4) That in any case, a Jaina widow has no absolute powers over ancestral property. He referred me to the following authorities :I. L. R. 3 Allahabad 55 16
" 4 30
197 " . 4 Calcutta :
port of his first group of objections. Mayne's Hindu Law, page 58 (7th Edition), 14 Moore's Indian Appeal page 585, in support of bis
2nd group of objections. I. L. R. 1 Allahabad 688 in support of
his 4th objection. All these anthorities are considered below :1. The defendants naturally disputed all these arguments for tho plaintiff. They contended that the Jainas were governed
379
744, in sap