History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.859.1

v4.c63.859.1

This is called *kṣetrajavivāda*⁸⁹⁷ (disputes relating to fields) by Nārada XIV. 1, who defines it as 'dispute with regard to land in which questions about dikes or embankments, the boundaries of fields, ploughed land and fallow land have to be decided.' Nārada's idea appears to be that the word 'sīmāvivāda' in Manu is only illustrative and is a compendious way of mentioning disputes about land in general. According to Kāt. (732) there are six causes⁸⁹⁸ of land disputes viz. claiming more land, claim that a person is entitled to less than he possesses, claim to a share, denial of a share, seizing possession when previously there was none, boundary. In all these cases boundaries have directly or indirectly to be settled and therefore all these are included under the topic of *sīmāvivāda*. A boundary dispute may relate to the boundaries of a district (janapada), a village, a field and a house. Boundaries, acc. to Nār., may be of five kinds.⁸⁹⁹ They are described as follows: *dhvajinī* is what is indicated by trees which are like a flagstaff. Manu (VIII. 246-247) prescribes that trees such as aśvattha, the silk cotton, śāla, tāla (palmyra palm), that have milky juice (like udumbara) should be planted to indicate boundaries and also bamboo clumps, bushes, reeds &c. A *matsyinī* (lit. having fish) boundary is provided by rivers flowing naturally and full of fish and tortoises or by tanks and reservoirs of water (Manu VIII. 248).