व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

The provided image is completely blank and contains no text to transcribe.

TRANSLATION
OF
VYAVAHĀRAMAYŪKHA

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ANGRE'S WADI, } P V KANE,
GIRGAUM } Advocate, High Court, Bombay

THE VYAVAHĀRAMAYŪKHA
OF
NĪLAKAṆṬHA
TRANSLATED INTO ENGLISH
with explanatory Notes and references
to decided cases
BY
P. V. KANE, M. A., LL. M.,
Advocate, High Court, Bombay, Vice-President and Fellow, Royal Asiatic
Society, Bombay Branch, Zala Vedant Prizeman (1903), V. N.
Mandlik Gold Medallist (1906), author of 'History of
Sanskrit Poetics', 'History of Dharmaśāstra' &c.
AND
S. G. PATWARDHAN, B.A., B.Sc., LL. M.,
Advocate, High Court, Bombay, sometime Lecturer, Fergusson College,
Poona, sometime Professor of Law, Law College, Poona.
First Edition
1933

Printed by Lakshman Narayan Chapekar at the Āryasaṁskṛti Press Tilak
Road Poona 2 and published by Pandurang Vaman Kane Angre's
Wadi Girgaon Back Road Bombay 4

PREFACE
The Vyavahāramayūkha of Nīlakaṇṭha is a work of paramount authority
on Hindu Law in Gujerat, the town and island of Bombay and in northern
Konkan. Even where, as in the Maratha country and in the District of Ratnagiri,
the Mitākṣarā is the paramount authority, it occupies a very important, though
a subordinate place. The first English translation of the Vyavahāramayūkha
was published in 1827 by Borradaile. Considering the state of Sanskrit
scholarship among Westerners more than a hundred years ago the translation
was a creditable performance. But, as has been judicially noticed, Borradaile's
translation is in many places infelicitous¹, obscure² or positively wrong³. Be-
sides, Borradaile's method of dividing the translation into chapters, sections
and placita, though convenient to judges and lawyers for purposes of reference,
conveyed to those unacquainted with the Sanskrit language or the original
work the wrong impression that the original was similarly divided. About
fifty years ago the late Rao Saheb V. N. Mandlik brought out a scholarly
translation of the Vyavahāramayūkha, that was a great improvement on
Borradaile's work, both in the accuracy of the translation and the method of its
presentation. That work is not now available in the market. It omitted the
section on ordeals, it did not refer to decided cases and was also inaccurate
in some places, as a reference to the pages indicated in the Index to this tran-
slation will show. In 1924 Mr. J. R. Gharpure of Bombay, the indefatigable
editor of the 'Collection of Hindu Law Texts' brought out a translation of the
Vyavahāramayūkha. In this translation he generally follows the late Rao
Saheb V. N. Mandlik, though here and there improvements are made; but
he does not translate the section of the work on ordeals, nor does he cite even
a considerable body of decisions of the High Courts that have a direct bearing
on the text of the Vyavahāramayūkha.
In the translation here presented, the whole of the Vyavahāramayūkha has
been rendered into English. The text chosen for translation is that contained
in the edition of the Vyavahāramayūkha published by the Bhandarkar Oriental
Research Institute at Poona in 1926. The pages of the text have been in-
dicated at the bottom of the pages of the translation. In this translation,
explanatory notes have been added in order to elucidate the meaning of the
author. References to the pages of the notes in the Poona edition where the
Vyavahāramayūkha has been exhaustively annotated have also been given in
appropriate places for those who want to make a deeper study of the original
and the translation. The Vyavahāramayūkha is written in continuous prose,
except where quotations in verse (which are numerous) are cited from

1. Vide 2 Bom. 388 at p. 421.
2. Vide 14 Bom. 612 at p. 617, 17 Bom. 759 at p. 762.
3. Vide Sitabai v. Vasantrao 3 Bom. L. R. 201 at pp. 205-6.

8 VYAVAHARAMAYUKHA
ancient works and sages. In the present translation quotations in verse have
been clearly indicated by the method of beginning them in a separate line and
by lessening the size of the lines of the translation of verses by a few letter spaces
as compared with the rest of the work. Another feature of this translation
is that exhaustive citations of decided cases have been made wherein the
Mayūkha has either been quoted, explained, criticised, referred to or which
have an important bearing on the law as laid down in the Vyavahāramayūkha.
The decisions of courts have in a few places been also criticized. It has
however to be borne in mind that this work does not profess to be a treatise
on Hindu Law and that therefore no one should expect that all possible
cases on Hindu Law would be found digested herein.
As judges and the legal profession have been accustomed for decades
to use the translations by Borradaile and Mandlik and as decided cases cite
quotations from and give references to these translations, in the corner of each
page of this translation corresponding portions of Borradaile's translation con-
tained in Stokes' collection of Hindu Law books and Mandlik's translation have
been indicated with the letters S and M respectively.
The Introduction to the edition of the text of the Vyavahāramayūkha
deals exhaustively with the family and personal history of Nīlakaṇṭha, the
works of Nīlakaṇṭha, the period of his literary activity, the contents of his
twelve Mayūkhas which together constitute his digest called Bhagavanta-
bhāskara, his position in Dharmaśāstra literature and the position of the
Vyavahāramayūkha in modern Hindu Law. Those who want to make a
detailed study of these matters must refer to that Introduction. But for the
benefit of those who do not know Sanskrit a brief treatment of the matters
detailed above is given here.
An exhaustive synopsis of contents, an index of cases and Law Reports
and a general index which also contains in italics important Sanskrit words
will, it is hoped, add to the usefulness of this edition of the translation of
the Vyavahāramayūkha.
P. V. Kane
S. G. Patwardhan

TABLE OF CONTENTS
Preface ... ... ... ... V-VI
Introduction ... ... ... ... IX-XIV
Abbreviations .. .. ... ... XV
Index of Cases .. . ... ... XVI-XXV
Synopsis of the Translation . ... XXVII-XXX
Errata . ... . ... XXXI
Translation . . 1-275
General Index , .. . 277-307

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INTRODUCTION
Information about the family of Nīlakantha can be gleaned from several
sources. S'aṅkarabhaṭṭa, the father of Nīlakantha, wrote an account of
the family called Gādhivaṁs'ānucarita. This work was so called because the
gotra of the family was Vis'vāmitra. The work was brought to the notice of
scholars by the late Mahāmahopādhyāya Haraprasād S'āstrī (vide Indian
Antiquary, vol 41 pp 7-13) Pandit Kāntanāthabhaṭṭa published at Mir-
zapur in 1903 a poem called 'Bhaṭṭavaṁs'akāvyaṁ' in ten sargas (cantos)
and 409 verses, in which he gives a detailed history of the family to which
both he and Nīlakaṇṭha belonged. Besides, the numerous works composed
by the members of this family during the period of several centuries furnish
considerable material for constructing a brief but reliable history of the family.
The home of the family was at Paithan in the Deccan on the Godāvarī.
The gotra of the family was Vis'vāmitra or Gādhi. The most ancient ances-
tor named is Nāgapās'a or Nāganātha, whose son was Cāṅgadeva, whose son
was Govinda. The real history of the family begins with Rāmes'varabhaṭṭa,
son of Govinda. Rāmes'varabhaṭṭa was a very learned man, had numerous
pupils, cured of leprosy the son of an influential Mahomedan officer of the
Ahmednagar kingdom and travelled extensively. When on a pilgrimage to
Dvārakā his first son Nārāyaṇabhaṭṭa was born to him in s'ake 1435 (1513 A.D.).
Rāmes'varabhaṭṭa migrated eight years later to Benares. He had two more
sons S'rīdhara and Mādhava. Rāmes'vara died at a very advanced age and
his wife became a satī.
Nārāyaṇabhaṭṭa learnt all the s'āstras at the feet of his father. He van-
quished Maithila and Gauḍa paṇḍits at the house of Todarmal, the famous
financier, scholar and statesman in the reign of Akbar. He was the most
illustrious member of his family. He was very fond of copying and collecting
Sanskrit manuscripts. He is said to have rebuilt the famous temple of
Vis'ves'vara at Benares that had been razed to the ground by the Mussalmans.
For his great learning and piety Nārāyaṇabhaṭṭa was given the title of
'Jagadguru' and his family was given the first place of honour in the assembly
of learned brāhmaṇas and at the recitation of the Vedas, which latter distinc-
tion, it is said, still continues in the family. Nārāyaṇabhaṭṭa wrote the
Prayogaratna, Tristhalīsetu and several other works.
Nārāyaṇabhaṭṭa had three sons, Rāmakṛṣṇa, S'aṅkara and Govinda. Rāma-
kṛṣṇa was a very learned man and a great student of Mīmāṁsā. S'aṅkara-
bhaṭṭa was a profound mīmāṁsaka. He wrote a commentary on the S'āstra-
dīpikā, a work called Dvaitanirṇaya, the Mīmāṁsābālaprakās'a, the Dharma-
prakās'a and several other works.
Rāmakṛṣṇa had three sons, Dinakara alias Divākara, Kamalākara and
Lakṣmaṇa. Dinakara wrote the Bhaṭṭadinakarī, the S'āntisāra, the Dinakara-
II

x VYAVAHĀRAMAYŪKHA
ddyota. Kamalākara wrote no less than twenty-two works The Nirṇayasindhu,
one of his earliest works was composed in 1612 A D Lakṣmaṇa wrote
the Ācāraratna the Gotrapravararatna and other works.
As the colophon to the Vyavahāratattva of Nīlakaṇṭha shows, Śaṅkara
bhaṭṭa had four sons Raṅganātha Dāmodara, Nṛsiṁha and Nīlakaṇṭha, the
last being the youngest.
Dinakara alias Divākara had a son called Viśveśvarabhaṭṭa or Gāgā
bhaṭṭa. The latter officiated at the coronation of Shivaji the founder of
the Maratha Empire. He completed his father's digest called Uddyota and
wrote the Bhaṭṭacintāmaṇi the Kāyasthadharmadīpa the Śivārkodaya and
several other works.
The pedigree of the family as far as Nīlakaṇṭha his cousins and his im-
mediate descendants are concerned is set forth in the accompanying table.
Nāgapāśa or Nāganātha
|
Cāṅgadeva
|
Govinda
|
Rāmeśvara

| | |
Nārāyaṇa Śrīdhara Mādhava
| (died sonless) |

| | | | |
Rāmakṛṣṇa = Umā Śaṅkara Govinda Raghunātha Prabhākara
| | (four sons)
| ---------------------------------------------
| | | | |
| Raṅganātha Dāmodara Nṛsiṁha Nīlakaṇṭha
| | |
| Siddheśvara -----------------------
| | | |
| Śaṅkara Bhānu Daughter
--------------------------------- | |
| | | Rāma Divākara
Dinakara Kamalākara Lakṣmaṇa | ...
alias died sonless Dāmodara
Divākara | |
| ----------------------- Rāmākṛṣṇa
Viśveśvara Ananta Prabhākara Śyāma |
alias Śaṅkara
Gāgābhaṭṭa |
died sonless Rāmeśvara

'? Wait, reservoi... the 'i' and 'r' merged to look like 'n'! reservon or reservoir? It looks like reservon. Wait, let's check: r-e-s-e-r-v-o-i-r vs r-e-s-e-r-v-o-ı-ı vs reservon. It's reservoir.
Line 37: definition of prāyas'citta - wait, in line 37: ( definition of prāyas'citta -> wait, look at prāyas'citta: does it say prāyas'citta or prāyas'citta? Yes.
Line 41: (12) S'āntimayūkha (definition of s'ānti, Vināyakas'ānti, graha-s'ānti, various

Let's transcribe faithfully, matching the accents (ś vs s'), uppercase/lowercase, and structure cleanly.Dāmodarabhaṭṭa, the older brother of Nīlakaṇṭha, had a son Siddheśvara
who composed a work called Saṁskāramayūkha in 1679-80 A. D Nīlakaṇṭha
had two sons, Śaṅkara and Bhānu.

XII VYAVAHĀRAMAYŪKHA
appendix to the edition of the Vyavahāramayūkha (Bhandarkar Oriental
Institute Poona). In that work he refers to the Vyavahāramayūkha as
already composed by him. So that work is not a first rough draft or plan of
the Vyavahāramayūkha but is rather an epitome of his larger work for the
benefit of beginners. He appears to have composed a separate work on adop-
tion viz Dattakanirṇaya.
Nīlakaṇṭha's literary activity must be placed in the first half of the
17th century. We saw above that his grandfather Nārāyaṇabhaṭṭa was
born in 1513. His father Śaṅkara bhatta quotes in his Dvaitanirṇaya the
Toḍarānanda which must have been composed between 1570 – 1586 (the year
of the death of Todarmal). So the Dvaitanirṇaya was not composed much
earlier than 1600 A. D. Kamalākara who was the paternal first cousin of
Nīlakaṇṭha composed in 1612 A. D. his Nirṇayasindhu which was one of his
earliest works. One ms. of the Vyavahāratattva bears the date saṃvat 1700
(i. e. 1643-44 A. D.). Śaṅkara the son of Nīlakaṇṭha composed his Kuṇḍa-
bhāskara in 1671 and Divākarabhaṭṭa daughter's son of Nīlakaṇṭha wrote
his Ācārārka in 1686 A. D. Therefore Nīlakaṇṭha's literary activity lies bet-
ween 1610 and 1650 A. D.
Nīlakaṇṭha occupies a prominent position among the mediaeval Sanskrit
writers on dharmaśāstra. He frequently differs from Vijñāneśvara the re-
nowned author of the Mitākṣarā. These differences have been pointed out
in the notes and in the Index. In the arrangement of the subjects of
dharmaśāstra and in their treatment he was largely influenced by the Madana-
ratna. He frequently refers to other digests and encyclopaedias like his own
viz. the Caturvargacintāmaṇi of Hemādri, the Vivādaratnākara of Caṇḍeśvara,
the Nṛsiṃhaprasāda and the Toḍarānanda. Nīlakaṇṭha expresses frank dissent
even from the most eminent of his predecessors. He boldly criticises even
his father's views, though Śaṅkarabhaṭṭa was a profound Mīmāṃsaka.
Nīlakaṇṭha was himself a profound student of the Mīmāṃsā system. In the
vastness of the materials drawn upon, in ease and grace of style, in the
brevity and lucidity of his remarks, in clearness of vision and in logical pre-
sentation of topics he is hardly surpassed by any mediaeval writer on
dharmaśāstra.
A few words about the position of the Vyavahāramayūkha in modern
Hindu Law may not be out of place here. It has been repeatedly held by
the Privy Council and by the Bombay High Court that the Mitā-
kṣarā and the Mayūkha are the books of chief authority in Western India.¹
In the Maratha country and in the Island of Bombay the Mayūkha is of
paramount authority and a secondary place is given to the Mitākṣarā. (see
1 See for instance 12 B. H. C. R. (O. C. J.) 325 at p. 328; L. R. 24 I. A.
28 at p. 44; 11 Bom. L. R. 641 at p. 650; Bai Kesserbai v. Hunsraj Morarji 33 I. A. at p. 186; Krishnaji
v. Chundrabhagabai 12 Bom. 110 at p. 117 (P. C.).

'INTRODUCTION' xiii

is assigned to the Vyavahāramayūkha.¹ The Vyavahāramayūkha is of para-
mount authority in Gujerat, the town and island of Bombay and in northern
Konkan.² Though the pre-eminence of the Mitākṣarā in the Maratha
country is acknowledged, yet in a few instances its doctrines have been either
set aside or modified in favour of the views propounded by the Vyavahāra-
mayūkha. For instance, though the Mitākṣarā nowhere expressly recognizes
the sister as a gotraja sapiṇḍa, the courts, following the Mayūkha, have
assigned to her a very high place as an heir even in the Maratha country
and in Ratnagiri It is a well-established rule of the Bombay High Court
that where the Mitākṣarā is either silent or obscure the aid of the Vyava-
hāramayūkha must be invoked for its interpretation and the principle of
interpretation is to harmonize both works wherever and so far as that is
reasonably possible ³ It is instructive to see how the Vyavahāramayūkha
came to be recognised as the leading authority in Gujerat in matters of Hindu
Law It has been stated above that the family of Nīlakaṇṭha came from
Paithan in the Deccan. Naturally all the learned members of this family,
though they wrote in Benares or elsewhere, preferred the usages of the
Deccan and Śaṅkarabhaṭṭa, the father of Nīlakaṇṭha, says in his Dvaita-
nirṇaya that he will abide by the views of Deccan writers Therefore the
works of the Bhaṭṭas of Benares were highly esteemed by the learned men
of the Maratha Country That the Mayūkhas of Nīlakaṇṭha were eagerly
sought for even as far to the south as Belgaum in the times of the Peshwas
is established by a letter of Naro Vinayak, Mamlatdar of Athni in the pre-
sent Belgaum District, dated 28th June 1797⁴, where reference is made to
the copying of the six Mayūkhas on saṃskāra, ācāra, samaya, śrāddha, nīti
and vyavahāra and a request is made that the other six Mayūkhas might
be sent for a copy being made When the Marathas held sway over Gujerat
in the 18th century, the works of Kamalākara ( particularly the Nirṇaya-
sindhu ) and of Nīlakaṇṭha were relied upon by the śāstris at the court of
the Maratha rulers of Gujerat⁵ Thus the Vyavahāramayūkha had come to be
recognised as a work of paramount authority in Gujerat at the time of the
advent of the British in the first decades of the 19th century. It appears that
even in Northern India the Vyavahāramayūkha was referred to by the British

1. Vide Rakhmabai v Radhabai 5 Bom H C R ( A. C J. ) 181 at p 185, Narayan
   v Nana 7 Bom. H C. R ( A C J ) 153 at p 169, Krishnaji v Pandurang 12 Bom. H C. R.
   65, at pp. 67 — 68, Jankibai v Sundra 14 Bom. 612 at p 616 ( a case from Ratnagiri ).
2. Lallubhai v Mankuvarbai 2 Bom 388 at p 418, Jankibai v Sundra 14 Bom 612 at
   pp 623 — 624, Vyas Chimanlal v Vyas Ramchandra 24 Bom 367 ( F B ) at p 373.
   3 Gojabai v Shrimant Shahajirao 17 Bom 114 at 118, Bai Kesserbai v Hunsraj 30
   Bom 431, 442 ( P C, ), Bhagwan v Warubai 32 Bom 300 at p 312
3. Vide Introduction to the edition of the text of the Vyavahāramayūkha p. XLIII n 1
   ( Bhandarkar Institute ) where the letter is set out in full.
4. Vide Lallubhai v. Mankuvarbai 2 Bom 388, pp 418 — 419 and Bhagirithibai v. Kahnu-
   jirao 11 Bom 285 ( F. B ) at pp 294 — 295 for the reasons of the pre-eminent position of
   the Vyavahāramayūkha in Gujerat and in Bombay island.

xiv, VYAVAHARAMAYUKHA
courts as early as 1818 A. D.¹
As the Vyavahāramayūkha is said to be of paramount authority in
northern Konkan and as it considerably differs from the Mitākṣarā in matters
of inheritance and succession it is of great practical importance to settle with
precision the exact limits in northern Konkan up to which the Mayūkha
must be regarded as supreme. It has been decided that Karanja, an island
opposite the Bombay harbour is governed by the principles of the Mayūkha²
that Mahad the southernmost Taluka of the Kolaba District is not under the
paramount influence of the Mayūkha and that the predominance of the Ma-
yūkha cannot either on principle or authority be taken further south than
Chaul and Nagothna (in the northern part of the Kolaba District³)
Though the authority of the Vyavahāramayūkha is supreme in Gujarat
in the island of Bombay and in northern Konkan and high in the Maratha
country it is not to be supposed that the whole of it has either been accepted
by the people or adopted by the courts. There are several matters such as
the twelve kinds of sons the fifteen kinds of slaves and the marriage of a
person with girls belonging to lower castes than his own on which Nīlakaṇṭha
dwells with as much learning and seriousness as any ancient writer although
those usages had become obsolete centuries before his day. Nīlakaṇṭha says
that the paternal great-grand father the paternal uncle and the half brother's
son succeed together as heirs. But the courts have never recognised this rule
nor has that view ever been made the foundation of a claim in a court of law.⁴
Nīlakaṇṭha, following his father Śaṅkarabhaṭṭa says that a daughter's son
or a sister's son can be adopted even by a person belonging to the three
twice-born classes. But the Bombay High Court owing probably to mis-
apprehension as to the correct meaning of a highly abstruse passage of the
Mayūkha (pp. 112-118 of the present translation and notes thereon) holds
that the Vyavahāramayūkha is opposed to the adoption by the regenerate
classes of the daughter's son and sister's son.⁵

1. Vide Bhagwansingh v Bhagwan 17 All. 291 at p 314
2. Vide Sakharam v Sitabai 3 Bom. 353
3. Vide Varkur v Dhou 40 Bom 621 (where the authorities are collected).
4. Vide Rakh v Govind 1 Bom 97 at p 112 and also Bai v Manikrachai 21 B...
   at pp 420 and 447
5. Vide Gopal v Hanmant 3 Bom. 273 at p 280, and Vyas Chimanlal v Ramchandra 24 Bom. 453 at p. 480.

ABBREVIATIONS.
Ait. br. = Aitareya-brāhmaṇa
Āp. Gr. S. = Āpastamba-gṛhya-sūtra
Āp. S'r. S. = Āpastamba-s'rauta-sūtra
Baud Dh S. = Baudhāyana-dharmasūtra
B. I. = Bibliotheca Indica series
Bor. = Borradaile's translation of the Vyavahāramayūkha contained
in Stokes' collection
Br. = Bṛhaspati, translated by Dr. Jolly in Sacred Books of the
East, vol. 33
B. S Series = Bombay Sanskrit series
C P Code = Civil Procedure Code
Dh S. = Dharmasūtra
D M = Dattakamīmāṁsā
Kāt. = Kātyāyana ( text reconstructed by P. V. Kane with transla-
tion and notes )
Mit. = Mitākṣarā
Nar. = Nārada in S. B. E.
Nīl = Nīlakaṇṭha
Par. M. = Parās'ara-Mādhavīya (Bombay Sanskrit Series)
Ṛg. = Ṛgveda
S. = Stokes' collection of Hindu Law Books
S. B. E. = Sacred Books of the East series
Sm. C = Smṛti-candrikā
Tai. Ā. = Taittirīya Āraṇyaka
Tai S = Taittirīya Saṁhitā
Vāj. S. = Vājasaneyasaṁhitā
V. C. = Vivāda-cintāmaṇi
Vīr = Vīramitrodaya (Jīvānanda's edition)
V. M = Vyavahāramayūkha ( edited by P. V. Kane with notes in
the Govt. Oriental Series, Bhandarkar Institute, Poona)
V. R. = Vivāda-ratnākara
Vy. Māt = Vyavahāramātṛkā (edited by Sir Asutosh Mukerji)
Yāj. = Yājñavalkya-smṛti

INDEX OF CASES

Adit Narayan v Mahabir 165n.
Advi v Fakirappa 180n
Advyappa v Rudrava 155n 2, 156n 2
Akkawa v Sayadkhan 181n 2.
Amarjit Upadhya v Algu 181n 1
Ambabai v Govind 98n 1
Anandi v Hari 157n 1
Anandibai v Chandrabai 153n.
Anant v Mahadu 177n
Anant v Ramabai 192n 2.
Angammal v Venkata 191n 3.
Apaji v Ramchandra 78n 5, 87n 1
Appaji v Mohanlal 163n, 168n 1
Appandal v Bagupali 161n 1.
Asita Mohan v Nirode Mohon 116n 1
Atmaram v Madhorao 115n 3.
Authikesavalu v Ramanujam 169n 1
Babaji v Balaji 155n 2
Bacha v Jugmon 189n 2.
Bachoo v Mankorebai 80n 3.
Bai Devkore v Amritram 163n 2
Bai Gulab v Jiwanlal 97n 1
Bai Kesserbai v Bai Monghibai 189n 1
Bai Kesserbai v Hunsraj 190n.
Bai Mancha v Narotamdas 13n 2.
Bai Mangal v Bai Rukhmini 175n 1
" Mani v Utsall 91n 1
" Narmada v Bhagwantrai 187n 2
" Parson v Bai Somli 8n 3, 65n 2.
" Raman v Jagjivandas 16 n 2.
Bajaba v Trimbak 18 n 2.
Bal v Maneklal 21 n 1
Balaji v Datto 116n 3
Bal Gangadhar Tilak v Shriniwas 110n 2.
Balkrishna v Lakshman 167n 1.
Balkrishna v Ramkrishna 160n.
Balshet v Miransaheb 141n 3
Balvantrao v Bajirao 100n 2.
Bapu v Shankar 80n 1
Bapuji v Dattu 192n
" v Pandurang 106n
Basangavda v Basangavda 163n 1
Basappa v Fakirappa 111n 2.
" v Gurulingawa 170n 1
" v Rayawa 1 n 1
Basawa v Lingangavda 111n 4, 170n 3
Bata Krishnayya v Venkata 116n 4
Beharilal v Shiblal 170n 1

Benares Bank Ltd. v Hari 21*n 1
Beni Prasad v Hardai Bibi 110n 1
Beti Kunwar v Janki Kunwar 93n 4
Bhagavati Shukul v Ram Jatan 103n 1
Bhagirthibai v Baya 162n.
Bhagirthibai v Kahnujirao 1 in 1, 155n 2, 180n 3, 186n 2, 187n 2
Bhagwan Singh v Bhagwan Singh 110n 1
Bhagvanlal v Bai Divali 160n 3
Bhala v Parbhu 271n 3.
Dharmappa v Ujjangawda 109n 3, 192n 2.
Bhaskar v Sarasvatibai 235n 1.
Bhau v Hari 118n.
" v Raghunath 190n 3.
" v Sundrabai 7n 1
Bhausaheb v Ramgauda 123n 1
Bhikubai v Hariba 183n 2, 184n 8.
Bhikya v Vedu 27n
Bhimabai v Gurunathgouda 118n 1, 132n 2.
Bhugwandeen v Mynabaee 152n, 17 n 1
Bhupati Nath v Ram Lal 235n 1
Bindra v Mathura 1 3n.
Brij Indar v Ranee Janki 177n 1.
Buddhaseng v Laltusing 163n 1
Bulakhidas v Keshavlal 165n 2.
Chalakonda Alasani v Chalakonda Ratnachalam 15 n 2
Chandreshwar Prasad v Bisheshwar 110n 2
Chandika v Munna Lal
Chedalavada Subbayya v Chedalavada Ananda 102n 1.
Chellammal v Ranganathan 97n.
Chenava v Basangavda 120n 1
Chengama v Munisami 101n 1
Chimnaji v Dinkar 1 3n 1
Chinnasami v Kunju 1 2n 1
Chinna Pichu Padayachi v ...
Chotay Lal v Chunno Lal 176n 2
Chunilal v Surajram 7n 1
Collector of Masulipatam v Cavaly 15 n 1, 166n 2
Collector of Madura v Moottoo 114n 1
Collector of Thana v Hari 1 n 6.
" v Keshavnath 8n 6
Dadbhai v Ramchandra 207n 1
Dal Singh v Musammat Dini 1 n 1
Damodar v Purmanandas 1 1n 7, 140n 1
Damodardas v Uttamram 91n 4.

INDEX OF CASES XVII
Dasharathi Kundu v. Bipin Behari 180n 4
189n 2
Dattatraya v Gangabai 123n 1
Dattatreya v Govind 121n 2
Dayaldas v Savitribai 183n
Debi Mangal Prasad v Mahadeo Prasad
176n 2
Debi Prasad v Thakur Dial 95n 2, 144n 3
Debi Prasanna v Harendra 189n 2
Dhapabai v Champalal 104n 1
Dharma v Ramkrishna 120n
Dharmapuram Pandara v Virapandiam
167n 2.
Dhondo v Appaji 116n 4
Dhondi v Radhabai 161n
Durbar Khachar v Khachar Harsur 217n 1
Durga Dat v Ganesh 136n 2
Dwarka Nath v Saratchandra 188n 1, 191n 1
Ekoba v Kashiram 158n 1
Fakirappa v Savitrewa 104n 1
Fakirappa v Yellappa 93n 2
Gadadharbhat v Chandrabhagabai 151n 2
Gajadhar v Gaurishankar 165n
Gandhi Maganlal v Bai Jadab 191n 1
Ganesh v Waghu 162n
Ganeshi Lal v Babu Lal 143n 3
Ganga v Ghasita 183n
Gangabai v Anant 108n 2
,, v Bandu 99n
Gangadhar v Yellu 150n 3
Gangaram v Ballia 191n 3
Ganga Sahai v Kesri 159n
,, v Lekhraj 115n 6, 119n 2
Gangu v Chandrabhagabai 193n 3
Ganpat v Gopalrao 100n 3
Ganpat Rama v Secretary of State 166n 3
Ganpat v Tukaram 152n 1
Garuddas v Laldas 163n 1
Ghelabai v Uderam 235n 1
Ghelabhai v Hargovan 25n 2
Giriapa v. Ningapa 116n 4
Girjabai v Sadashiv 86n 2
Gojabai v Shrimant Shahajirao 159n, 188n 1,
189n 2
Gokalchand v Hukamchand 135n 2
Gopal v Hanmant 113n
Gopal v Narayan 109n 3
Gopalan v Venkataraghavulu 102n 1
Gopalayyan v Raghupatiayyan 113n.
G Gopalkrishnan v S Venkatanarasa 102n1
Govind v Trimbak 142n 1.
Govindayyar v Dorasami 110n 2
Govindrazulu v Devara Bhotla 102n 1
III
Gowri v Shivram 113n
Gridhari v Government of Bengal 164n 1.
Gunjeshwar v Durga Prasad 192n.
Gurunath v Krishnaji 151n 2.
Hanmanta v Bhimacharya 109n 3
Haribhai v. Mathur 162n 2.
Haridas v Ranchordas 159n
Hira v Hansji 189n 1
Hira Naikin v Radha 108n 2
Hirabai v Lakshmibai 180n 4
Hira Lal v Tripura Charan 183n.
Hosbanna v Devanna 93n 1.
Huchrao v Bhimrao 120n 1.
Hushensab v Basappa 93n 1
Ilata Shavitri v Ilata Narayananan 197n 1.
Indramoni v Beharilal 115n 2
Ishwar Dadu v Gajabai 118n 1
Isri Dutt v Hansabutti 177n
Jadunath Kuar v Bisheshar 160n
Jagannath v Narayan 189n 1.
Jagannath Raghunath v Narayan 84n 2.
Jagubhai v Kesarlal 159n
Jaikisandas v Harkisandas 189n 1
Jairam v. Hari 102n 1
Jairam v Nathu 93n 1
Jamnabai v Khimji 155n 3
Jamnabai v Vasudev 94n 2
Jana v Rakhma 162n
Janghibai v Jetha 191n 1
Jankibai v Sundra 187n 2
Jatindra Mohan v Ghanashyam 78n 6
Javerbai v Kablibai 233n 3
Jaya v Manjanath 183n
Jivabhai v Vadilal 87n 4, 88n 2
Joharmal v Eknath 216n 1
Jotindra Nath v Nagendra Nath 165n
Jugmohandas v Sir Mangaldas 78n 5, 80n 3,
92n 2
Kalgauda v Somappa 82n 2 111n 2, 120n,
132n 4, 167n 3
Kali Komul v Umashankar 123n 1
Kalidas v Kanhya Lal 235n 1
Kaliparshad v Ramcharan 88n 2
Kallava v Vithabai 95n 1
Kalianrai v Ramchandra 162n 2
Kamulammal v Vishwanathaswami 99n
Kamalabai v Bhagirthibai 191n 1
Kamesvara Sastri v Veercharlu 102n 1
Kandasami v Doraisami 89n 1
Kanhai Ram v Musammat Amri 177n
Kashibai v Moreshwar 163n 1
Kenchava v Girimallappa 165n, 191n 3

XVIII VYAVAHĀRAMAYŪKHA
Kesarsingh v The Secretary of State for India, 117n 1.
Kesserbai v Hunsraj 111n 2, 160n, 188n 1, 190n
Kesserbai v Valab 157n 1, 162n, 168n 1
Khandacharya v Govindacharya 163n 1.
Khodabhai v Bahadar Dala 157n 1
Khushalchand v Mahadevagiri 142n 2.
Kisanji v Lakshmi 156n 2, 157n 1.
Krishna v Paramashri 120n 1.
Krishna v Sami 196n 2.
Krishnai v Shripati 177n.
Krishnabai v Khangowda 143n 2.
Krishnaji v Moro 185n 2.
Kurnaram v Hinibhoy 179n 1
Lajvanti v Safachand 177n.
Lakshman v Jamnabai 185n 2.
" v Satyabhamabai 151n 1, 165n 4,
180n 1, 218n 2.
Lakshman Dada v Ramchandra Dada 80n 3,
89n 1
Lakshmandas v Manohar 78n 6.
Lakshmappa v Ramava 111n 4
Lakshmi v Dada 162n.
Lakshmibai v Jayram 160n.
Lallubhai v Cassibai 111n 1, 160n.
" v Mankuvarbai 111n 1, 121n 2, 150n
2, 151n 1, 160n, 161n 1
Lalubhai v Bai Amrit 21n 2, 73n 5.
Laxmipatirao v Venkatesh 120n, 123n 1
Lingangowda v Tulaswa 101n
Lingayya v Chengalamma 120n
Madhavrao v Ambabai 186n 1
Maharana Fattehsangji v Dessai Kallian-
raiji 78n 6.
Mahasboya Shoshinath v Shrimati Krishna
Sundari 110n 1
Mandavilli Seetarammar v Antavilli Surya-
narayana 110n 2.
Maneklal v Mohanlal 243n 1
Manilal Rewadat v Bai Rewa 186n 2, 187n
2, 189n 1
Manjanath v Narayana 20n 1
Manjunath v Kaveribai 113n.
Manki v Kundan 151n 3.
Maruti v Ramu 14n 3.
Mathura v Esu 105n, 107n 2.
Meenakshi Ammal v Appakutti 98n 1
Motharam v Rewachand 155n 2.
Mohanlal v Bai Kashi 160n, 161n 1
Moniram v Keri Kolitani 163n 2.
Moosa Hajee v Hajee Abdul 147n 3, 149n 1
Moro v Ganesh 20n 1.
Mulchand v Bai Mancha 181n
Mulji v Cursandas 158n 2.
Murarji v Parvatibai 191n 3, 193n
Musummat Ganga v Ghasita 151n 2.
Musummat Sundar v Musummat Parbati
113n.
Muthukaruppa v Selathammal 150n 2.
Muthu Ramkrishna v Marimuthu Goundan
179n 2.
Muthusami v Meenammal 192n
Muthusami v Muthukumarsami 165n.
Muthuswami v Simambedu 163n 3.
Nagammal v Sankarappa 109n 3, 192n 2.
Nagesh v Gururao 95n 1.
Nagubai v Monghibai 140n 3, 153n, 203n 2.
Nahalchand v Hemchand 160n.
Nanja Pillai v Sivabaghyathachi 168n 1.
Narasimha v Venkatadri 151n 2.
Narasimma v Mangammal 133n
Narasinharso v Krishnarao 214n 4
Narayan v Lakshman 109n 1
" v Venkatacharya 207n 3.
Narayanacharya v Narso 214n 1, 215n 1
Narayan Annavi v Ramlinga 101n 1
Narbadabai v Mahadev 97n 4
Narhar Govind v Narayan 116n 3.
Narotam v Nanka 220n 4
Narsappa v Bharmappa 65n 1.
Natha v Chotalal 97n 1
Nathubai v Bai Hansgavri 110n 2
" v Chhaganlal 219n 1
" v Javher 140n 3
Nawal Singh v Bhagwan Singh 100n 1 and 3.
Ningareddi v Lakshmawa 101n 1
Nirman Bahadur v Fateh Bahadur 89n 1
Padma Coomari v Court of Wards 103n 1
Pamchand v Mancharbal 12n.
Pandharinath v Govind 13n.
Pandit Suraj Narain v Iqbal Narain 8n 2
Paramappa v Shiddappa 144n 1
Parbati Kuar v Nihal Chand 101n 1
Patel Vandravan v Patel Manilal 131n 1
Pavadey v Ambaji 118n 1
Perrara v Bettaswami 216n 1
Pranjivandas v Devkuvarbai 160n 1, 161n 1
Radhabai v Ganesh 151n 1
Raghavendra v Gururao 118n 1
Ragho v Bawoo 218n 2
Raghunath v Lakshmibai 186n 1

INDEX OF CASES XIX
Radhe Lal v. Bhawani Ram 150n 3
Raghunathji v. Bank of Bombay 8n 2, 210n
2, 220n 3
Rahi v Govind 97n 1 and 2, 98n 1, 265n 2.
Raja Jogendra Bhupati v Nityanund 98n 1
,, Mukund v. Shri Jagannath 119n 2
Rajah Venkatappa v Ranga Rao 116n 2.
Rajaninath v Nitai 97n 3, 99n
Rajeppa v Gangappa 164n 1, 165n
Ramangouda v Shivaji 127n 1.
Ramappa v. Sithammal 150n 1
Rama Row v. Kuttiya 169n 3.
Rama Sia v Bua 161 n1,
Ramchandra v Vinayak 160n, 164 n1
Ramcharan v. Rahim 169n 3
Ramdas v Baldevdas 167n 2
Ramji v Ghamau 118n 1
Ram Kali v. Gopal Devi 184n 1
Ramnath v. Durga 157n 1.
Ram Pergash v Musammat Dahan Bibi
191n 8.
Ranchod v Ajoobai 192n 2