History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.630

v4.c63.t2.630

¹⁶⁸³ In *Bhau v. Sundrabai* P. J. for 1874 p. 250, where the question was whether daughters were excluded from inheritance as regards the Utpat family of priests at the temple of Vithoba at Pandharpur), Yāj. II. 21 was translated (at p. 252) as follows: ‘if two texts be opposed *usage* is of force for their construction’. In *Chunilal v. Surajram* 33 Bom. 433 at p. 439 Yāj. II. 21 is rendered as ‘where there is a conflict between two or more smṛtis that one should be accepted, which is conformable to equity’. The former rendering is rather obscure and the latter does not translate Yāj. closely. The exact meaning of ‘equity’ in this translation is not clear. It certainly does not mean ‘equity’ in the strict sense of English Law.