DOI Page / Citation link:
https://doi.org/10.11588/diglit.52452#0188
i6o
NARADA.
XI, 25.
is engaged in cultivating the field, (the owner) shall
recover his field, after having paid (to the cultivator)
the whole expense incurred in tilling the waste.
25. A deduction of an eighth part (shall be made),
till seven years have elapsed. But when the eighth
year arrives, (the owner) shall recover the field cul-
tivated (by the other, as his independent property).
* 26. A tract of land (which has not been under
cultivation) for a year is called Ardhakhila (half-
waste). That which has not been (under cultivation)
for three years is called Khila (waste). That which
has not been under cultivation for five years is no
better than a forest.
27. A field which has been held by three genera-
tions in succession, and a house which has been
inherited from an ancestor, cannot be estranged
(from its legitimate owner) by force of possession,
except when the king wills it so.
* 28. When grain has been destroyed by cows or
25. It appears from an analogous text of Katyayana that this
rule is intended for those cases where the owner is unable to pay
for the expense incurred by the cultivator. Katyayana says, ‘ If
through want of means (the owner) do not repay the expense
entailed by the cultivation of the waste, the cultivator shall be
allowed to keep the produce minus an eighth part. During eight
years he may keep the (annual) produce (minus an eighth).
After that period, it shall belong to the proprietor.’
26. These definitions are inserted here, because the previous
rules according to the commentators apply to a desert or forest only,
the cultivation of which causes considerable difficulty and expense.
28-42. Narada’s eleventh title of law, though called ‘Boundary
Disputes,’ is in reality a collection of all legal rules relating to
fields. Manu and those who follow him treat the subject of damage
done by cattle to crops or grass as a section of the chapter on
‘ Disputes between master and herdsman,’ which title of law is
wanting in the Narada-smrfti.
28. Gautama XII, 20.
NARADA.
XI, 25.
is engaged in cultivating the field, (the owner) shall
recover his field, after having paid (to the cultivator)
the whole expense incurred in tilling the waste.
25. A deduction of an eighth part (shall be made),
till seven years have elapsed. But when the eighth
year arrives, (the owner) shall recover the field cul-
tivated (by the other, as his independent property).
* 26. A tract of land (which has not been under
cultivation) for a year is called Ardhakhila (half-
waste). That which has not been (under cultivation)
for three years is called Khila (waste). That which
has not been under cultivation for five years is no
better than a forest.
27. A field which has been held by three genera-
tions in succession, and a house which has been
inherited from an ancestor, cannot be estranged
(from its legitimate owner) by force of possession,
except when the king wills it so.
* 28. When grain has been destroyed by cows or
25. It appears from an analogous text of Katyayana that this
rule is intended for those cases where the owner is unable to pay
for the expense incurred by the cultivator. Katyayana says, ‘ If
through want of means (the owner) do not repay the expense
entailed by the cultivation of the waste, the cultivator shall be
allowed to keep the produce minus an eighth part. During eight
years he may keep the (annual) produce (minus an eighth).
After that period, it shall belong to the proprietor.’
26. These definitions are inserted here, because the previous
rules according to the commentators apply to a desert or forest only,
the cultivation of which causes considerable difficulty and expense.
28-42. Narada’s eleventh title of law, though called ‘Boundary
Disputes,’ is in reality a collection of all legal rules relating to
fields. Manu and those who follow him treat the subject of damage
done by cattle to crops or grass as a section of the chapter on
‘ Disputes between master and herdsman,’ which title of law is
wanting in the Narada-smrfti.
28. Gautama XII, 20.