History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.878

v4.c63.878

Bṛ. (S. B. E. 33 p. 354 verse 24) prescribes that no⁹¹¹ interference should be caused to the manner of the enjoyment of houses (as regards doors, compounds &c.), to the enjoyment of water and markets in the way in which they had been enjoyed from the time the village or house was established or built. This means, acc. to the Sm. C. II. p. 234 and V. P. p. 363 that if a new mode of enjoyment is started in the case of these after the village was established or the house was built then interference may be allowed. Bṛ. (S. B. E. 33 p. 354 verse 25) further says that ancient windows,⁹¹² watercourses, balconies (pegs?), raised platforms on the borders of streets, waterspouts carrying rainwater from a square of houses (and cottages) enjoyed from former days should not be allowed to be interfered with, even if they might cause some inconvenience to the neighbouring house. Kāt. (752-753) similarly provides 'one should not interfere with the base of the wall, a drain (or waterspout), a balcony, window, watercourse and dwelling house of another. These are not to be added to one's house after the first building of it (so as to cause obstruction or annoyance to another), one should not open a window⁹¹³ (so as to command a view) in the interior of another's house or open a spout (that will drain off water) on to another's house. One should construct places (pits) for depositing ordure, urine and filthy water, a fireplace and a pit at a distance of at least two cubits from the walls of other people (his neighbours) and should not construct these very near to another's house' (vide also Bṛ. S. B. E. vol. 33 p. 354 verses 25–26).