Saddharma Pundarika

SR No.: 007677
Original Sutra Author: N/A
Author: H Kern
Publisher: Oxford
Publication Year: 1884
Total Pages: 2546
Language: English
Classification: Book_English
File Size: 46 MB

Page 2203

VIII, 149.
CIVIL AND CRIMINAL LAW; DEBTS.
279
144. A pledge (to be kept only) must not be used by force, (the creditor), so using it, shall give up his (whole) interest, or, (if it has been spoilt by use) he shall satisfy the (owner) by (paying its) original price; else he commits a theft of the pledge.
145. Neither a pledge nor a deposit can be lost by lapse of time; they are both recoverable, though they have remained long (with the bailee).
146. Things used with friendly assent, a cow, a camel, a riding-horse, and (a beast) made over for breaking in, are never lost (to the owner).
147. (But in general) whatever (chattel) an owner sees enjoyed by others during ten years, while, though present, he says nothing, that (chattel) he shall not recover.
148. If (the owner is) neither an idiot nor a minor and if (his chattel) is enjoyed (by another) before his eyes, it is lost to him by law; the adverse possessor shall retain that property.
149. A pledge, a boundary, the property of infants, an (open) deposit, a sealed deposit, women, the property of the king and the wealth of a Srotriya are not lost in consequence of (adverse) enjoyment.
144. Vi. VI, 5 ; Yâgñ. II, 59. According to Medh. clothes, &c., are meant; according to Kull. and Râgh. clothes, ornaments, &c.; according to Når. beds and so forth. Når. thinks that the expression the value' refers to the profit made by the use of the pledge.
145. VI. VI, 7-8; Yâgñ. II, 58. According to Medh. the pledge spoken of here is a pledge for keeping which is forcibly used.' Upanidhi, 'a deposit,' means according to Medh., Gov., Kull. (who however refers the term also to deposits), Râgh., and Nand.'any. thing lent to another out of friendship;' according to Nâr. 'an additional pledge, given subsequently, in order to complete the security for the loan.'
147-148. Gaut. XII, 37; Vas. XVI, 16-17; Yagñ. II, 24. 149. Vas. XVI, 18; Gaut. XII, 38–39; Yågñ. II, 25. Women,'
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