History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.712.5

v4.c63.712.5

169 provide that when the real owner finds his lost article in the hands of a stranger he should get him apprehended by the royal officers (such as *chauroddharaṇika*, acc. to Mit.), but that if the owner thinks that much time will be lost or distance will have to be traversed (for going to officers) he should himself seize the person and bring him before the court. The Mit. explains that the buyer should have the seller arrested and, if the seller is dead or gone abroad, that he should hand over the article to the real owner. Where a purchase has been made in the midst of a row of traders to the knowledge of the king's officers, but from a vendor whose habitation was unknown or where (after the purchase) the vendor dies, the real owner (of the thing sold by one not the owner) will recover his own property after paying half the price to the purchaser, since the rule of justice in such a case so requires, because to purchase from one (whose habitation is) not known is a fault (in the purchaser) and not taking proper care (of one's goods) is also a fault in the real owner (Bṛ. in S. B. E. vol. 33 pp. 335-36 verses 7-9 or Kāt. 621-623)⁷⁹⁹. Marīci (q. by Aparārka p. 775, Sm. C. II. p. 217) has similar provisions. Bṛ. (S. B. E. vol. 33 p. 335 verse⁸⁰⁰ 6) provides that in a suit where there is no evidence the king shall take into consideration the character of the litigants and give a decision according as the credibility of the parties is equal, greater or less.