History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.829

v4.c63.829

⁸⁷⁴ अर्ध्राधिके क्रयः सिद्ध्येद्भुक्तालाभो दशाब्दिकः। अवक्रयस्त्रिभोगेन सद्य एव रुचिक्रयः॥ कात्या. (711) q. by व्यव. नि. p. 349 (which reads ऋणक्रिया at the end, that makes hardly any sense) and स. वि. p. 326. The word अवक्रय is explained in various ways. The Mit. on Yāj. II. 238 defines it as a transaction whereby a bailee (e. g. a washerman) transfers an article bailed to him (for washing &c.) to another for hire. Pāṇini IV. 4. 50 employs the word ‘avakraya’, but the Siddhāntakaumudī explains it as the due to be recovered by a king from a market (or the like). Gaut. XII. 39 employs the word ‘avakrīta’ which is explained by Haradatta as meaning ‘what is purchased, but the price of which is unpaid or only partly paid’. This last seems to be the sense intended by Kāt. who provides that a sale of land, the price being wholly or partly unpaid, would become indefeasible only after enjoyment for three generations. सुमन्तु as quoted in S. V. p. 321 defines अवक्रय as ‘अर्थवृत्तमदत्तं तु क्रयमाहुरवक्रयम्। अवक्रयो निवर्तेत यदि काले न दीयते॥’