পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৪৩৩

vYAwASTHA2DARPANA 3.11 Varnasparr and KATza'zana were cited:-“Where there are an equal number of sons borne of two or more different wives, equal in degree, the distribution is to be regulated according to the mothers; but where the number of the sons (by different wives) is unequal, the distribution is to be regulated by the number of sons.” “Where a usage is hereditarily and scrupulously adhered to, it acquires the appellation of duty; and must be adhered to.” On receiving the above exposition of the law, the first arid second Judges of the Sudder Dewanny Adawlut, who tried the appeal, being clearly of opinion that the plaintiffs had not proved such a usage as is required to justify a deviation from the Hindu law of inlicritance, awarded them a two anna share of the Zemindaree (in conformity with the Hindu law). 27th June 1814. S. D. A. Rep. Vol. II. pp. 116, 117. II. In the case of Bābu Grivar Dhári Singh versus Kolāhal Singh and others, it appearing on evidence that the estate of the deceased had not invariably devolved entire on the chief heir, but had been taken by the most competent, and had becn occasionally hcld by several heirs conjointly, the Sudder Court considered the plaintiff’s claim under the custom of the family not established, and ordered the cstate to be divisible among the heirs according to the Hiridu law of inheritance, and decreed partition of the estate among the heirs in opposition to the claim of one heir to hold the same as an individual estate. 10th January 1825. S. D. A. Rep. Vol. IV. p. 9. This decision was in appeal confirmed by the Judicial Committee of the Privy Council on the 8th December 1840. See Moore’s Indian Appeals, Vol. II. p. 341. III. In the suit instituted by the Jubardíj against the son of the late Rājā of Tiprah, for succession to the Tiprah Zemindaree, the Court (present J. H. Harington and J. Fombell) observed that by the usage of the family, the person appointed Jubardíj by the IRajas for the time being, if alive at the time of the Rajdī’s demise, uppeared to have regularly succeeded, unless prevented by force or other undue means. To determine the Hindu law, with reference to such custom, the Court, after delivering the genealogical tables into the hands of their pandits, proposed to them the following questions: 1st. What is implied by the word Jubardíj 2 And to whom does the Shāstra apply that term P 2,.u. If it be the custom of a IIindu family, possessing a rify and 2emindaree, that the Röjä, on succeeding to the rój, appoint one of his relatives to be Jubarāj; and that, on the demise of the soft, the person so appointed Jubardíž, succeed to the réj and Zemindaree, is such a family custom repugnant, or not, to the Hindu law of Iłengal P 3rd. If in a family, in which the custom above mentioned has existed for generations, Rājā Rājdhar Manik on his accession to the riff appointed Durgā Mani (the respondent), great-grandson of Dharma Manik to be Jubarāj; and afterwards appointed his own son Rāmgangă Deo (the appellant) to be IRara Thakur; under such circumstances, according to the law, as well as the custom of the family, whether had Durgā Mani the right to the ré; and Zemindaree, as Jubartij, on the demise of IRājdhar Mánik, or Rāmgangá Deo, as son and heir of the last Rajá P The answers delivered by the pandits were as follows. 1st. The term Jubartíj implies young Rajá. The son of a IRajd may be constituted Jubartij, on performance of certain ceremonies prescribed by the Shdistra, and the term be applied to him in its literal meaning. A Raja's brother, or other relative, may also be constituted Jubartij, with the ceremonies above alluded to ; and the term, as applicd to the latter, is in a sense which usage has given it. 2nd. If a Rājā, on his succession to the Rāj of his family, constitute one of his near relations Jubardíj, such person, as Jubardíž, succeeds to the Rājā at his demise. The custon, is legal, in families where it has subsisted for generations, according to the authorities of the Hindu law current in Bengal. Brd. On the demise of the Rāja, a near relation succeeds, as Jubaráj, even though there be a son of the deceased. The custom, specified above, having existed in tho saniily of the partics for many generations, Durgā Mani, on the death of Rājā Rajdhar Manik, was entitled to succeed as Jubardij; and Rômgangâ Deo, as the som, had no title to the succession.