পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৬৩৭

VYAVASTHA'-IDARPANA. 5I Ꮌ to which the pandits-replied, in substance, that, under the circumstances stated, the claimant having messed apart from the defendants, and having rec ived maintenance, but no share of the profits in trade, and never having advanced a claim till now, must in law be deemed separatc. as respectod familyopartnership, though no written declaration of separation should have been made; and that the claims in the present suit could not be maintained. In conformity with this opinion, the Sudder Dewanny Adalut (present P. Speke and W. Cowper), gave judgment against the claim. 26th October 1796. S. D. A. R. vol. I. pp. 13,14. V3de Raj Kumar Bishweshwar Kumar Singh, appeliant, rersus Sukhnandan Cunwor respondent. 9th April 1842. S. D. A. R. vol. VII. pp. 87,88. And Musst. Dipu versus Gour Sankar. S. D. A. R. vol. III. p. 310. ON THE ALLOTMENT of A siiARE To A Col'ARCENER . API’EARING AFTER PA 1RTITION. 204 Whether partition have or have not been made, whenever an heir appears, he shall receive a share of whatever common property there is. Be it debt or a writing, or house, or field, which descended from his paternal ancestor, he shall take his due share of it, when he comes, even though he have been long absent. VRIlias pAti. Coleb. Da% bha^ p. 140. 205 Not only he, but his descendants also shall take his share. Thero is however a distinetion in tho participation of descendants. 206 It is a settled point, that one who travelled into a foreign country", at a period when no partition had taken place, and returned after a long lapse of time, as well as his descendants, as far as the seventh in degree, after they shall have made themselves recognized by the inhabitants, whose family from generation to generation resided in that country, and neighbours, shall obtain a lawful share of the heritable wealth: See W. Das Kra. ཕྱེang, p. 117. If a man leave the common family and reside in another country”, his share must no doubt be given to his male descendants when they return. Be the descendant third, or fifth, or even 通 矚 *ys @ A different country is thus defined by Vainar MANu: “Where language differs, or a mountain or great river intervenes, it is called a different country. However near, a country which has a different Vyavtustbá Wyavasthá Authority