व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

248 VYAVAHĀRAMAYŪKHA [ § XV. 2-6
[ M. p. 184 l. 20-p. 185 l. 24
Kātyāyana says
In the case of settling the boundary by walking, in the ordeal by kośa
(sacred water of the bath of idols &c.) in swearing by the feet of (idols
elders or brāhmaṇas) (the visitation of) divine or royal displeasure
is to be expected within three fortnights, one fortnight and a week res-
pectively.¹
Manu (VIII. 257) says
The truthful witnesses who point out the true boundary in aforesaid
manner are absolved from sin but such as settle it falsely should each
be fined two hundred (paṇas)
Nārada (p. 156 v. 7) says
If the neighbours speak what is not true in settling a boundary they
should all be separately fined by the king the middle amercement.
Kātyāyana says
Of the several persons gathered together (for settling a boundary) if all
of them do not (properly help to) decide either through fear or covetous-
ness they should (each) be made to pay the highest amercement.
Yājñavalkya (II. 153) says
In the absence of persons knowing the boundary or marks (indicating
it) the king is to settle the boundary (as he thought fit).²

• Manu (VIII. 265) says
  When the boundary cannot be ascertained the king knowing the law,
  should himself assign the (disputed strip of) land to that one party to
  whom it would be most serviceable. This is the settled rule.³
  The same author says
  One should not disturb a man in the manner and extent of the enjoy-
  ment of a house, (of access through) a door or of a market and the like
  which he had from the time of its foundation.⁴
  Kātyāyana also says
  One should not interfere with (another's) base of the wall, drain
  balcony window watercourse and dwelling house he who obstructs
  would be liable to fine.
  Mekhalā means the built base of a wall (i. e. the plinth)
  bhramaḥ means passage for the exit of water. Niṣkāsaḥ according
  1 The idea is that the boundary was not to be regarded as final for three fortnights. If
  within that time the person or persons settling it were visited with divine or royal dis-
  pleasure, then it was to be held that they decided falsely.
  2 Under the Bombay Land Revenue Code (Bombay Act V of 1879) section 121 the
  Collector's decision as to the boundary between two survey numbers is final.

3. Avisahyāyām is variously explained. Aparārka, Sm. C. and Vir. explain as
   devoid of witnesses and marks. Kullūka and Vir. as impossible to ascertain.
   4 This is not found in Manu but in Bṛhaspati p. 351 v. 24 where vāri (water)
   is read for dvāra.
   P. 223 (text)