Administrative System of the Marathas c25.s4.1

c25.s4.1

Let us now enquire how far the old rules about evidence were adhered to in the Maratha courts. In boundary disputes and suits about proprietorship, the evidence of the village officers of the artisans or Balutas and the officers of the neighbouring villages was mainly relied on. This law is at least as old as the Maurya Empire. We read in Kautilya's Arthashastra, "In all disputes regarding the boundary between any two villages neighbours or elders of five or ten villages shall investigate the case on the evidence to be furnished from natural or artificial boundary marks. Elders among cultivators and herdsmen, or outsiders who have had the experience of former possession in the place, or one or many persons (not) personally acquainted with the boundary marks under dispute, shall first describe the boundary marks and then wearing unusual dress shall lead the people to the place. Disputes concerning fields shall be decided by the elders of the neighbourhood or of the village. All kinds of disputes shall depend for their settlement on the evidence to be furnished by the neighbours." ³⁸ Manu held that "witnesses from neighbouring villages should be called to give evidence in a boundary dispute on failure of witnesses from the two villages." ³⁹ According to Narada "In all quarrels regarding landed property or boundaries, the decision rests with the neighbours, the inhabitants of the same town or village (the other) members of the same community, and the senior inhabitants of the District. As also with those living outside on the outskirts of the village and who live by the tillage of the fields situated in those parts and with herdsmen, bird-catchers, hunters and other inhabitants of the woods. These men shall determine the boundary." ⁴⁰ Brihaspati says, "in a dispute regarding a house or field, the decision belongs, to the neighbours as well as to the inhabitants of that town or village, or to members of the same society, and to the elders (of that district). Likewise, to husbandmen, artisans, servants, cowherds, hunters, gleaners, diggers of roots, fishermen, kinsmen, mischiefmakers, and robbers." 41 The Balutas and Alutas fall under the artisans, cowherds, gleaners, etc. Shukracharya is more explicit on this point and his regulations had more direct resemblance with the Maratha practice. He was of opinion that "the documents of gifts, sale and purchase about immovable goods are valid only when approved by the receivers and having the Gramapas or village officers as witnesses." These regulations explain why village officers, artisans and elders from the neighbouring villages were called to give evidence in disputes about boundary and fields.