History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.813.2

v4.c63.813.2

15 prescribes a fine of 12 paṇas against the vendor who after selling a thing does not deliver it and also against a buyer who having purchased does not take delivery of it, except when the thing itself is defective or is lost by act of king or theft or by fire or flood or unless the transaction was for inadequate price or brought about in distress.⁸⁶² If the article sold is not delivered by the vendor after demand by the vendee and it is injured, destroyed by fire or stolen, the loss will fall on the vendor (Nār. XI. 6, Viṣṇu Dh. S. V. 129, Yāj. II. 256). These rules apply when the vendor does not feel repentance for having sold the thing, but if he feels repentance then Manu VIII. 222 will apply and the vendor may pay back the price and recover the article within ten days⁸⁶³ from the sale. Kāt. (684) provides the same rule. No one, either buyer or vendor, can rescind the sale after ten days and if any one uses force in recovering the article sold or bought after that period the king should fine him 600 paṇas. Manu VIII. 228 extends these rules about repentance and recovery within ten days to all transactions whatever. Kāt. (685) prescribes that the period of ten days for repentance is allowed to vendors and vendees only in the case of land, and that the period is 12 days when the parties to sale of land are sapiṇḍas of one another and that in other cases the period is even shorter.⁸⁶⁴ Yāj. II. 257, Nār. XI. 7-8, Bṛ. (S. B. E. vol. 33 p.