व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)
Vyavahara Mayukha of Nilakantha Bhatta
नीलकण्ठ भट्ट (सम्पादक: पी. वी. काणे) द्वारा
पृष्ठ 271, कुल 332 में से
संदर्भ में पढ़ें244 VYAVAHĀRAMAYŪKHA [ B. XIII. 1 8-XIII. 2.8
[ M. p. 131 l. 2-p. 162 l. 6
wards shown to be defective the article should be returned to its owner
within the time (limited by the śāstras) but not otherwise.
With regard to an article bought after an examination by (the pur-
chaser) himself Nārada (pp 149 150 vv 2-3) says
Where a purchaser after purchasing an article for a price thinks that
he has made a bad purchase, it should be returned (by him) to the
seller the same day without looking into it (i e. without examining it ) ¹
If the purchaser were to return it on the second day he would forfeit
(lit. bring) a thirtieth part of the price, if on the third day, double
of that (i e. a fifteenth part), after that it (the article) belongs to the
purchaser alone (i. e. it cannot be returned)
Nārada (p 150 v 7) says
A worn garment which is dark and soiled when purchased with
(knowledge of) all faults cannot be returned to the seller
Here ends (the section on) rescission of purchase
Now begins (the section on) non-delivery of sold chattel
Nārada (p. 146 v 1) says
When an article has been sold for a (certain) price and is not
delivered to the purchaser that is termed non-delivery of a sold chattel
which is a title of law
- Yājñavalkya (II. 254) says
He who having received the price of an article does not at all deliver
it to the buyer should be made to deliver it to the buyer together with
interest and if (the purchaser) has come from a foreign country then
together with the profit that he would have made in the foreign country
Dik means another country , ‘ diglābha means the profit that
would be made by sale in another country , sodayam means ‘ together
with interest The same author (Yājñavalkya II 256) says
If an article suffer damage by an act of God or the king the loss
will fall on the seller alone if he did not deliver it on demand
The same author (Yāj. II. 255) says
If loss (of the thing sold) arises through the fault of the purchaser,
the loss falls on the purchaser alone.²
Nārada (p 148 v 9) says
When a purchaser, having purchased an article does not accept it when
1 The reading avikṣataṁ (in an undamaged condition) is much better
- Compare section 107 of the Indian Contract Act.
P 218 (text)