Vyavaharamala: a text on Indian jurisprudence
by P. V. Rajee | 2008 | 63,341 words
This essay is an English study on the Vyavaharamala: a text on Indian jurisprudence from the 16th century. It covers aspects of such as individual legal procedures and societal welfare, thus reflecting the judiciary principles of ancient ancient Indian society....
20. Bhogapavada
Brihaspati says After the 'thripurusanubhava' of land and house, even though there are no lekhyapramana, on the basis of experience, the matter should be determined by the village head and those who live on that period may acquire that property. While Dayadhikara sits beside, even the two generation would not be able to enjoy the property. Even when the property is enjoyed by the cousins or intimate friends with or without the consent of the owner, on the basis of experience they can not have the property as their own. On the other hand, if others are enjoying the property for long time on the basis of contract, they can have it on the basis of experience.
166 Yajnavalkya Says, if the things and documents used for pledge and deposits should not be given in the hands of women, children or the person having no reasoning. They are not eligible for keeping such things. If one person is enjoying the property without reason and files dispute against owner, the concerned person will not have victory or success in vyavahara in the court. Viccinna bhoga nirnaya. The vyavahara should be determined on the basis of written documents and witness, if argument arises in the matter of ownership of the land and house enjoyed by a person. As mentioned above if the enjoyment of the property and its owner ship was hindered due to some reason, the name, month, number and the reason for the hindrance etc should be pointed out after checking pramana and trailing witness the matter should be determined. It should be based on Dharma.