Chapter 5.7 - Laws Relating to Boundary Dispute (sīmāvivāda)

Boundary dispute under the title sīmāvivāda, forms one of the eighteenth titles of law, on which Yājñavalkya assigns nine verses. Yājñavalkya has not provided any formal introduction or definition concerning boundary dispute, instead, he starts with the procedure to resolve such dispute. In all disputes regarding boundary of land, Yājñavalkya considers the testimony of neighbours, aged men, and other competent persons, herdsmen, cultivators of the field lying contiguous to the boundary, and persons moving in the forest, to be decisive.^[1] Yājñavalkya prescribes a list of landmarks to determine the boundaries. These are a mound or elevated land, charcoal, chaffs, trees, a water embankment, anthills, ditches, a heap of stone, etc.^[2] He requires many people to fulfil the task of determining boundary. While settling boundary, people of the neighbouring villages or of the same village should be four, eight or even ten in numbers.^[3] If there is not any person, to be found, knowing the facts of boundary in dispute or in the absence of any boundary marks, the responsibility to settle the boundary rests with the King.

Yājñavalkya ordains punishment of the middle amercement to each of those, who is proved to be given false evidence as witnesses, based on which, the boundary has been settled.^[4] The author has taken resort to a technique, which is also adopted while constructing a modern legislation. He for the purpose of avoiding repetition, and to avoid controversy, extends all the rules and procedures prescribed, to decide boundaries of land to all analogous cases. Thus, the rules laid down to settle boundary dispute of lands are explicitly declared to be applicable in matters of dispute regarding garden, warehouse, village, watering place such as pond, well, etc., pleasure garden, dwelling house, rain water course and the like.^[5]

Yājñavalkya considers destruction of boundary marks, transgression of the boundary line and misappropriation of land as punishable offence and the punishment of lowest, highest and middlemost penalty are prescribed respectively to the persons committing those acts.^[6] Though, encroachment of another’s land is punishable offence, but in certain special circumstances that is permitted by the author. Special laws about setu and digging well, are provided that while constructing setu and well if another’s land is occupied or affected to some extent, then also, the owner of such land should not prevent him, when injury is slight compared to the great benefits and advantages it produces.^[7] In this context, it may be observed that, the law proclaimed by Yājñavalkya is not devoid of morality. The seed of social legislation may be traced in his provisions of law and he always prefers public interest to private interest. Here lies the greatness of a lawmaker.

Yājñavalkya makes it obligatory on the part of the person who builds setu, to inform or take consent of the person whose land is going to be used. According to him, if a man constructs a setu without permission or informing owner of the land thereof, then the former will not be entitled to enjoy all the benefits arising therefrom. In such cases, the owner of the field gets the right to the produce and in absence, the king is entitled to that right.^[8] Yājñavalkya states another rule regarding the right of the owner of the land. When one person taking a land for cultivation, after slightly ploughing neither cultivates himself nor engages other to complete the task, then the person should be made to pay the produce that would have yielded and the field should be got cultivated by another.²¹⁹

The laws described by Yājñavalkya under the head sīmāvivāda are now subject of revenue laws. Land and revenue laws are enacted by states. Therefore, each state has its own Act. Assam Land and Revenue Regulation, 1886, governs at present the procedure for settlement of boundaries of lands. Procedure to decide boundary dispute [i.e., sīmāvivāda], is provided under Section 23 of the said Act. A Settlement Officer is required to survey individual plots of land and he gets the village traversed. When he comes across many boundary disputes, then he determines those disputes after due enquiry. He decides the disputes between the proprietors of different land based on actual possession, being unable to decide so, he determines through enquiry, who is best entitled to the possession. He may also refer to an arbitrator for deciding on merit under Section 143. In case of dispute, between the settlement holders of different estates, Settlement Officer after due enquiry is to determine the proper boundaries of those estates, likewise, dispute between government and many settlement holders is determined. Under Section 24, it is prescribed that after determining boundary he may cause boundary marks to be erected in order to secure the boundary permanently. Another provision under Section 25 corresponding the law of Yājñavalkya is that removal, destruction or damage of any boundary mark is punishable with fine up to rupees two hundred for each mark. Moreover, in addition to such fine, one has to defray the expense of restoring boundary marks so destroyed, removed, etc.^[9]

Footnotes and references:

[1]:

sīmno vivāde kṣetrasya sāmantāḥ sthavirādayaḥ/ gopāḥ sīmākṛṣāṇā ye sarve ca vanagocarāḥ// Yājñavalkyasmṛti,2.150

[2]:

nayeyurete sīmānaṃ sthalāṅgātuṣadumaiḥ/ setuvalmīkanimnāsthicaityādyerupalakṣtām// Ibid.,2.151

[3]:

sāmantā vā samagrāmāścatvāro’ṣtau daśāpivā/ Ibid.,2.152

[4]:

anṛte tu pṛthagdaṇḍyā rājñā madhyamasāhasam/ abhāve jñātṛcihnānāṃ rājā sīmnaḥ pravartitā// Ibid.,2.153

[5]:

ārāmāyatanagrāmanipānodyānaveśmasu/ eṣa eva vidhirjñeyo varṣāmbupravahādiṣu// Ibid.,2 154

[6]:

maryādāyāḥ prabhede ca sīmātikramaṇe tathā/ kṣetrasya haraṇe daṇḍā adhamottamamadhyamāḥ// Ibid.,2.155

[7]:

na niṣedhyo’lpabādhastu setuḥ kalyāṇakārakaḥ/ parabhūmiṃ harankūpaḥ svalpekṣetro bahūdakaḥ// Ibid.,2.156

[8]:

svāmine yo’nivedyaiva kṣetre setuṃ pravartayet/ utpanne svāmino bhogastadabhāve mahīpateḥ// Ibid., 2.157²¹⁹ phālāhatamapi kṣetraṃ na kuryādyo na kārayet/ sa pradāpyaḥ kaṣṭaphalaṃ kṣetramanyena kārayet// Ibid., 2.158

[9]:

Vide, Das, J.N., An Introduction to the Land Laws of Assam, page59-61