vyAyASTHA2DARPANA 97 & acts which could be brought under the definition of mere waste, for which the Shāstra , declares that Hindu widows are to be held responsible and restrained, we think it our duty to deprive Musst. Boláki“of the futuremanagement of the property. In doing this, however, we are careful that she shall lose none of those substantial advantages, to which during her life-time she is entitled. In the appeal of Musst. Bolāki, (case No. 93,) we confirm the decision of the principal sudder ameen, with the following modifications. We direct that the plaintiffs be placed in possession of all the landed and other property, with exception of the family-mansions, which will continue in the possession of the widow during life. They will pay the whole of the net profits, arising from the several properties, into the zillah court, quarterly, for the benefit of Musst. Bolāki, during her life-time. In the event of their failing to fulfil this condition, for a period exceeding three months after any payment, becomes due, the zillah court will report the circumstance, with a viewing to having the property placed in the hands of a sarbarākār or receiver. In the appeal of Maddun Băbu, (case No. 92,) regarding the “rent free gańen called Khushbāgh, we also confirm the decision of the lower court. The garden was sold in 1214 B.S., and there is prima facie evidence of its having been sold, to provide the means of paying a debt due by the deceased proprietor, under a decree of court. Such a sale is valid under the Hindu law ; and as the blaintiffs,by their long silence, have prevented the purchasers from producing satisfactory evidence to prove that the sale was made in order to satisfy the decree referred to, the latter are entitled to the benefit of the presumption in their favor, of its validity, without being required to give actual proof. Sudder Dewanny Adawlut, 24th July 1854, case No 92, Nanda Lál Bābu and Madan Lál Bābu, (plaintiffs,) appellants, versus Bolāki Bibi, (defendant.) respondent, and case No 93, Bolāki Bibi, appellant, rersus Nanda Lál Bābu and others, respondents. Hirá Lál Mallik died intestate, leaving one widow Karunā Moyi, and four daughters, namely, Case Aaba Kumāri, and the three defendants Raghu Mani, Apürná, and KrishnaMani. - bearing on the vyavastha's At the time - of Hirā Lál's death, Rughu Mani was a childless widow, Joy Mani subsequently No. 31. married, and produced two sons, Hari Dás Datta the complainant, and the defendant Singí Churn, an infant of tender years, Apūrnā also married, and had two daughters (one of whom died shortly after birth, and the other married and soon afterwards died, leaving a son still alive. ) Krishna Mani had been years, but had had no child during that period. The fourth daughter Naba Kumāri married after her father's death, but died long since in childbirth. On Hirā Lál's death his widow took possession of his estate and property as his representative, and held the same during her lifetime —immediately after her death disputes commenced among the daughters, all of whom instituted equity suits against one another. When these suits were ripe for hearing, a decretal order was passed by consent, substantially to the effect that Raghu Mani should waive all her claims, and, on dismissal of her bill, should receive Rs. 62000, and live rent free in the family dwelling house ; that the worship of the idols should be enjoyed by Raghu Mani, Apurnã. and Joy Mani by turns; that the residue of the estate should be divided between Apiirná and Joy Mani, as the only daughters having issue, or capable of having issue at the time of their mother's death. The said Hari Dás Datta, who is a reversionary heir to the estate, filed a bill, which alleged collusion between the defendants, and charged that their acts were in fraud of the reversioners' interests ... and a surprise on the . court ; that, RaghuMami as a childless widow was entitled to nothing ; and that Joy Mani and Apúrnā had but a life estate. It was prayed that they might be restrained from carrying on their plans or committing further alienation or waste. A demurrer is filed to the above bill. ү
