vyavastHA::DARPANA. &05 () subsequently disserer-Br di i: is shown, that partition is to take place of the concealed effects alone, and not that a second partition is to be made of what has already been once divided. - - - 3 On a subsequent discovery, there must be. an equal division of what is restored: hence it appears, that a distribution of that only shall be made; what had been already distributed shall *ot be again divided. An equal partition is (mentioned) to remove the doubt, whether no share. Oto a less allotment, shall be given to the concealer, because he had secreted the effects. Raghunax. pANA. Coleb. Dig. vol. III. p. 400. -
- II.° Effects, whieh have been withheld by one co-heir from another, and which are disco.
vered by the divided co-heirs, let them again divide in equal shares”: this is a settled rule+. JAYusyawALKYA. 198 Not only a brother, but on his death his male issue as far as the great grandson, is also entitled to share the property concealed. What has been concealed by one of the co-heirs, and is afterwards discovered, let the Bong, if the father be deceased, divide equally with their brethren.t Katyayasa. The meaning of the text is, that in default of a co-heir, let his male issue as far as the great. grandson (in the male line) equally divide the concealed property with the other sharers, (i. e.) the brothers of the deceased. SRI'KRISHNA’s Commentary on the Dayabhaga. Sans. p. 247.
I99 Effects which have been taken by a kinsman, he shall not be compelled by violence to restoref: and the consumption of unseparated kinsmen, they shall 象 گير حمی not be required to make good+. 1KATYATYAN A. By gentle means, and not by violencef, a kinsman shall be made to restore the effects taken by him: But what has been consumed by a co-heir during co-parcenery over and above his due portion, he shall not be required to make goodf. SSAS SSAS SSAS SSAS SSAS SSAS SSAS SSAS SSAJS - - - - - - *ս - ASA SSASAS SSAS SSAS SSAS AMMMMMMMTSMSAASAASAASAAAS -- -- ----- - چه - • • • • مصي-------صبيپ a . سه 嚇 Partition being suggested as a matter of course, it is intimated, by the enunciation of this . text, that the crime of ‘theft is not committed by concealing effects held in co-parcenery. So HALA YADIIA, VrsifwARU^eA, CRANDusirwARA, J I'Mu'tavashAMA, RAGH UNANDANA, and the rest. Coleb. Dig. vol. III. p. 897. See Coleb. Dá bha“, pp. 221-285. ** * † Coleb. Da bhapp. 230, 281. W. Dá srng, pp. 113–115. Coleb. Dig vol. III. pp. 397–402. 1&ay be asked, i he retre them not after friendly exposiutation or the like, may the co-heir use compulsion or not P. It should not be argued, from the words of the legislature “let not a co-heir use . riolenceto maka him restore," that it shall not seven then) be used. Coleb. Dig. vol. 111. p. 402. Authority Wyavasthá Authority Vyavastkaʼ
