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no (human) evidence is forthcoming, divine test should be resorted to.
BRIHASPATI.
IX, 18.
18. When a village, field, or garden is referred to in one and the same grant, they are (considered to be) possessed of all of them, though possession be held of part of them only. (On the other hand) that title has no force which is not accompanied by a slight measure of possession even.
19. Not to possess landed property, not to show a document in the proper time, and not to remind witnesses (of their deposition): this is the way to lose one's property.
20. Therefore evidence should be preserved carefully; if this be done, lawsuits whether relating to immovable or to movable property are sure to succeed.
21. Female slaves can never be acquired by possession, without a written title; nor (does possession create ownership) in the case of property belonging to a king, or to a learned Brahman, or to an idiot, or infant.
22. It is not by mere force of possession that land becomes a man's property; a legitimate title also having been proved, it is converted into property by both (possession and title), but not otherwise.
18. Vîram. pp. 221, 222; Col. Dig. V, 6, 383.
19, 20. Tod. bhûmer abhuktir lekhyasya yathâkâlam adarsanamı asmâranam sâkshinâm ka svârthahânikarâni ka tasmâd yatnena kartavyam pramânaparipâlanam tena kâryâni sidhyanti sthâvarâni karâni ka 11
21. Smritik. na strînâm upabhogah syâd vinâ lekhyam kathamkana râgasrotriyavitte ka gadabâladhane tatha ||
22. Smritik. bhuktikevalayâ naiva bhûmih siddhim avâpnuyât âgamenâpi suddhena dvâbhyâm sidhyati nânyathâ
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