Book Title: Indian Antiquary Vol 33
Author(s): Richard Carnac Temple
Publisher: Swati Publications

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Page 148
________________ 144 THE INDIAN ANTIQUARY. [MAY, 1904. The co-owners work together (hawlata) and share the produce or divide the property into their respective lots (betma or pangu) before cultivation, or hold it on the following complicated system called Tattumaru (alternate). A field belongs to A and B in equal shares and is possessed in alternate years. If on their death two sons of A and three of B inherit it, then their possession for 14 years is A-1 B-1, A-2, B-2, A-1, B-3, A-2, B-1, A 1, B-2, A-2, B-3, A-1, B-1. In case of A-1 surviving, A-2 leaving two sons, B-1 three sons, B-2 four sons, and B-3 five sons, the tenure for 30 years is A-1, B-la, A-28, B-2a, A-, B-38, A-2b, B-1b, A.1, B-2b, A-28, B-3b, A-1, Bla, A-2b, B-2c, A-1, B-30, A-20, B-la, A-, B-20, A-2b, B-3d, A-1, B-lb, A-2a, B-21, A-1, B-3e. When there is no male in a family or the proprietor is old or employed elsewere, the fields are rented out for cultivation for half the crop (andé), or for a portion equal to one and a half or double the extent sown - about it of the produce (otu). A cultivator who converts, with the owner's consent, a temporarily abandoned highland or waste ground (hena), into a field or garden becomes entitled to it and pays a small rent (aswedduma or panduru mila), or has his trouble and expense made good, before the possession of the land is resumed, as his improvement right. Lands are acquired by inheritance, paternal (pav uruná) or maternal (mar urumé), by bequests (thégo) made orally or in writing, by purchase (milata) or by prescription (buttiya). The mother is the heiress of an intestato child (daru urumé), and failing her the father becomes entitled to the property (játaka urumé), but they cannot dispose of it. The rule of succession is children, parents, brothers and sisters, nephews and nieces, uncles and aunts and children of uncles and aunts; only on failure of the whole-blood descendants, do the half-blood succeed. Deeds of gift, which generally had an imprecation against all future claimants, were revocable by the grantor except those to temples (pidapili) and to public officers in lieu of a fee ; and an usurpation was valid if the proprietor did not recover possession within twelve months. Service property hold by hereditary tenants reverted to the landlord by abandonment (pálu), by failure of heirs (mala-pálu), or by forfeiture due to non-performance of personal services (nila-pálu). Children who are ungrateful to parents or have been cruel to them or have brought disgrace on the clan by contracting inferior marriages are disinherited; the father, in presence of witnesses, declared his child disinherited, struck a hatchet against a tree or a rock, and gave to his other heir an ola, blank, or written with the disinheritance formula. There is no prescribed form for the adoption of a child, but it is necessary that he is of the same caste as the foster-parent and that be is publicly declared to the relatives as the adopted son and beir of the estate. Minor differences about property were settled or compromised in the village councils (Gansabhava) held in the ambalama or under tbe village tree. Appeals from them and the more important disputes were heard in the court of the provincial governor (Dissava Malava or Rate Sabhava) who was assisted by his high officials acting as Assessors. He was empowered to give olas ag titles to lands (sittu) and direct anyone but those who had Royal grants (sannas) to quit possession. The Final Court of Appeal was presided over by the king or one of his ministers (Adikârama) and its decisions were final. The three ancient tribunals are now represented by the village assembly of the Chief of a district, by the Appellate Court of the Agent of a province, and by the Governor in Council. If a DissÂva or an Adigar found after inquiring into the evidence - no relatives were competent witnesses that the issue was doubtful, he ordered a trial by oath or ordeal. The villages were summoned to the spot (dinapela) by showing them a cloth tied in three knots and they were bound to be present. The oaths were either a mere asseveration (sattaka benard) or swearing upon one's eyes (erdekapd) or on one's mother (ammapd) or by striking the ground (polavé alagaad), or by throwing up a handful of sand (ręli udadamd) or by lifting the hand towards the sun (irata ata nagd) or by

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