DOI Page / Citation link:
https://doi.org/10.11588/diglit.52452#0354
BKZHASPATI.
XI, 34-
326
parties are at liberty to do so. But, even before
(the stipulated period) has elapsed, they may make
an arrangement by mutual consent.
34. Where one field has been mortgaged to two
creditors at the same time, it shall belong to that
mortgagee who was the first to obtain possession
of it.
35. If both have possessed it for an equal time, it
shall be held in common (or shared equally) by them.
The same rule is ordained in the case of a gift or a
sale.
36. Which course should be adopted in cases of a
competition between three different acts, the iden-
tical property having been sold, mortgaged, and given
away on one and the same day ?
37. The three parties should divide that lawful
property of theirs among themselves in proportionate
shares, the two first in the ratio of their respective
claims, whereas the donee ought to obtain a full
third.
38. The pledgee can never be compelled to restore
the pledge against his will, before the whole amount
due to him has been paid, nor must (the pledge be
obtained from him) by deceit or by (the mode called)
Aarita.
the recovery of the loan, attended by the restoration of the pledge to
the pledger, takes place after the lapse of the stipulated period.
By mutual consent, however, it may take place before that time.
34. The term ‘ a field ’ includes by implication any pledge for use.
Viram. p. 312. Other commentators add that possession must
have been obtained without forcible means. Col. Dig. I, 3, 132.
35. SmrziU.; Col. Dig. I, 3, 133; Ratn. p. 37.
36. 37. Viram. p. 314 (‘ VasishzTza ’); V. T.
38. Ratn. p. 27; Col. Dig. I, 3, 102. Regarding the mode
called Aarita or A/zarita, see below, XI, 58.
XI, 34-
326
parties are at liberty to do so. But, even before
(the stipulated period) has elapsed, they may make
an arrangement by mutual consent.
34. Where one field has been mortgaged to two
creditors at the same time, it shall belong to that
mortgagee who was the first to obtain possession
of it.
35. If both have possessed it for an equal time, it
shall be held in common (or shared equally) by them.
The same rule is ordained in the case of a gift or a
sale.
36. Which course should be adopted in cases of a
competition between three different acts, the iden-
tical property having been sold, mortgaged, and given
away on one and the same day ?
37. The three parties should divide that lawful
property of theirs among themselves in proportionate
shares, the two first in the ratio of their respective
claims, whereas the donee ought to obtain a full
third.
38. The pledgee can never be compelled to restore
the pledge against his will, before the whole amount
due to him has been paid, nor must (the pledge be
obtained from him) by deceit or by (the mode called)
Aarita.
the recovery of the loan, attended by the restoration of the pledge to
the pledger, takes place after the lapse of the stipulated period.
By mutual consent, however, it may take place before that time.
34. The term ‘ a field ’ includes by implication any pledge for use.
Viram. p. 312. Other commentators add that possession must
have been obtained without forcible means. Col. Dig. I, 3, 132.
35. SmrziU.; Col. Dig. I, 3, 133; Ratn. p. 37.
36. 37. Viram. p. 314 (‘ VasishzTza ’); V. T.
38. Ratn. p. 27; Col. Dig. I, 3, 102. Regarding the mode
called Aarita or A/zarita, see below, XI, 58.