Jaina Law Bhadrabahu Samhita

SR No.: 011057
Original Sutra Author: N/A
Author: J L Jaini
Publisher: ZZZ Unknown
Total Pages: 146
Language: English
Classification: Book_English
File Size: 5 MB

Page 135

APPENDIX B.
121
a question of interpreting the basis of the decision in the Allahabad Case in the light of the Jaina Law books, and of applying that interpretation to the facts of the case before me. I have discussed the texts at length above, and I do not see any reason to limit the absolute estate of a Jaina widow to the self-acquired property of her husband, if he died a separato copercenor.
The remaining two precedents which I follow and which fortify and compel the view of Jaina widov's rights which I have taken, are :
(1) Original Civil Suit, No. 3 of 1309 Fasli, of our own Sudder Court, Indore, and
(2) Civil Regular Appeal, No. 98 of 1877, in the Court of the Commissioner of Jabalpore.
The Original Civil Suit No. 3 of 1309 Fasli, (Exhibit 82/1) Fas decided by the Suddor Coart, about 12 years ago. In quite clear language, in that decision, tho Sudder Conrt lays it down that the " Jainas or Saraogis, and they are not gorerned by tho Hindu Law in matters of adoption or the widott's right to adopt, as also in matters of succession and inheritance. There is no such estate known among them as a widow's estate, *with restrictions as to powers of adoption, alienation or wasto.... She can do what she plcascs with the estato which has descended to her.” I am bound to follow this Sudder Court decision, which is strongly supported by the Jaina Law books produced, and also by the evidence on the record of the practice among tho conmunity itself.
The last case that I shall consider is the Appeal before the Commissioner of Jabalpore so far back ab 1877. A Jaina widor had alienated hor husband's ancestral property. A suit was brought to set aside the alienation, on the ground of hor incompetency to make a gift of the ancestral property. She was also a Porwad, like the testatrix in the suit before me.