Page Text
________________
129
and imposing Hindu Law upon Jainas, oven when they have an express law of their own, would be not only unjust but unwise, and it would unsettlo many and many a charitable and otherwise settled gifts and wills made by Jaina widows of their husbands' worldly goods. It may cause an unusual multiplicity, of suits, a disturbance of many an ancient trust and charity, and great dissatisfaction in the community of having been deprived of the right of being governed by their own laws. Thus policy, principle, precedent and practice of the community all constrain me to admit the authority of the sacred law books of the Jaina community and to give effect to their mandates, especially when they are fortified by evidence of usage, in my adjudication of the case bofore me.
Therefore the Court's order is:
APPENDIX B.
I decree the plaintiff's suit to the extent of one pair of gold bands for bangles and one safe, and order delivery of them or payment of their value by the defendants to the plaintiff. I declaro the will (Ex. C.) of the deceased Bhagabai to be valid and legal. I dismiss the suit of the plaintiff, with the exception of the two items decreed above. Costs to be paid by the parties proportionately to the parts of the claim dismissed and decreed. For the purposes of the decree, the safe is worth Rs. 25 and the gold bands, if not delivered in specie, are to be worth Rs. 125. (Sd.) J. L. JAINI.
16th August, 1915.
| SR No. | 011057 |
| Book Title | Jaina Law Bhadrabahu Samhita |
| Original Sutra Author | N/A |
| Author | J L Jaini |
| Publisher | ZZZ Unknown |
| Publication Year | |
| Total Pages | 146 |
| Language | English |
| Classification | Book_English |
| File Size | 5 MB |