History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.712.1

v4.c63.712.1

The different modes of the sources of ownership have already been referred to (H. of Dh. vol. II. pp. 130 ff) and will be referred to again under *dāyabhāga*. According to Nār. VII. 1 and Bṛ. (SBE vol. 33 p. 335 verse 2) when⁷⁸⁹ a person, who holds an open deposit, a sealed deposit, an article bailed for delivery to another, stolen property, an article borrowed for some festival, a pledge, or property lost by a stranger and found (by him), sells it in secret (or behind the back of the owner) it is to be considered as a sale by one who is not the rightful owner. Vyāsa has a similar verse. The word 'sells' is only illustrative and includes gifts and pledges. Similarly as most sales by one not the owner are clandestinely brought about, Bṛ. employs the words 'in secret' but even if the sale is effected openly the same consequences may follow. The same rules will apply to an article lost by the owner and found by a stranger. Kāt. (612) provides⁷⁹⁰ that a sale, gift, or pledge, made by one who is not the owner, should be rescinded (by the king or judge), Manu VIII. 199 and Nār. (q. by Sm. C. II. p. 213, V. P. p. 291) and others say the same thing. Yāj. II. 168, Nār. VII. 2 provide that the owner is entitled to recover his property from the person that purchases from one who is not the owner. If the buyer purchases an article not in the open market, then he is liable for punishment;