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160
NÂRADA.
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 cultivated (by the other, as his independent property).
* 26. A tract of land (which has not been under cultivation) for a year is called Ardhakhila (halfwaste). 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 generations 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 Kâtyâyana that this rule is intended for those cases where the owner is unable to pay for the expense incurred by the cultivator. Kâtyâyana 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. Nárada'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 Nârada-smriti.
28. Gautama XII, 20.
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| SR No. | 007685 |
| Book Title | Grihya Sutras |
| Original Sutra Author | N/A |
| Author | Hermann Oldenberg |
| Publisher | Oxford |
| Publication Year | 1886 |
| Total Pages | 2642 |
| Language | English |
| Classification | Book_English |
| File Size | 49 MB |