vi

Ooshr-The Sowad of Irak-Proprietary rights according to Mahomedan law

-The two kinds of khiraj—Implied ownership in different persons—Resem-

blance of wuzeefa khiraj to the tax paid by the khoodkashts-Extent of pro-

prietary right-Power of alienation-Amount of khiraj-Remission of khiraj

-Mode of enforcing payment-Procedure when cultivator made default-

Waste land-Similarity between Mahomedan and Hindoo systems-The

Mahomedans continued the Hindoo system-The khiraj not formally imposed

-Attempted changes-Proprietary rights not disturbed-Proprietary rights

gradually affected by the Mahomedan system-The revenue machinery-The

headman-The origin of the zemindar-The village community—Summary

-The crory-Influence of Mahomedan and English ideas-The zemindar-

Descent of a zemindary and talook-Jageerdars-Ala-ood-deen's attempt to

curb the zemindars

Page

40

LECTURE III.

AKBAR'S SETTLEMENT.

Akbar's or Todar Mull's settlement for ten years-Four classes of land-Mode of

ascertaining average produce for one season-Average of ten years then

taken-New assessment lower than former rate-Proportion taken by the

State-The rebba-A fixed money-rate the main object of the settlement-

The position of the ryot not affected-The Assul toomar jumma-The old

methods of rendering the revenue might still be adopted-Remissions and

deductions-The settlement made with the ryots direct-The headman-The

zemindar-Attempted return to the Hindoo system-The settlement only

partially carried out-Commencement of the modern revenue system-Todar

Mull's assessment the basis of all subsequent assessments-The fiscal divi-

sions-Khalsa and jageer lands-Khalsa lands-Jageer lands-Havilly lands

-The soubah-The circar-The chucklah-Three stages of fiscal division-

Zemindaries-A cutcherry attached to each division of the zemindary-Fiscal

organization above the zemindar-The crory-The foujdar aumildar-Claims

of fiscal officers to hereditary rights-Military force employed in revenue

collection-The crory's emoluments-The canoongoe-The putwarry-The

chucklah superseded the circar-Attempts at centralization-Hindoos filled

the lower revenue offices, and Mahomedans the higher-The aumil-His

subordinates

67

LECTURE IV.

THE ZEMINDAR.

Hindoo times-Growth of the zemindar-The office hereditary-Conflict of

authorities-Struggle between opposing principles-The zemindar an here-

ditary revenue contractor-The sunnud-Contents of the sunnud-The arzee

-The furd-sewal-The furd-huckeekut-The muchulka-The perwanneh-

Duties of the zemindar-Amount of revenue paid by him-The zemindars

ultimately looked upon as landlords-The Nautwars-Zemindars in Behar-

The sunnuds of Jaffier Khan-A zemindary alienable-The zemindar's emo-

luments-Surplus revenue-Settlement with Government-The hustabood-

Settlement with the ryots-Mode of enhancing the ryot's rent-Customary

rates-The khamar land-Remissions of revenue-Neej-jote and nankar-

Extent of nankar-The purjote-Julkur, bunkur, ghasskur and phulkur-

Cesses-Allowances to the zemindar-The zemindar's emoluments official in

their origin-Dismissal of the zemindar-Allowances to displaced zemindars-

Under-renting-The proceedings of Jaffier Khan-His attempt to reduce the

zemindar's power-Severe measures adopted-The zemindars regained their

power-Discussion of the zemindar's position

Page

35

95

LECTURE V.

THE TALOOKDAR AND OTHER OFFICERS. THE ASSESSMENT OF REVENUE AND

RENT AND THEIR AMOUNT.

The talookdar—One class sprung from the ancient rajahs-Hereditary claim—

Another class of modern talookdars-The talookdar's position-The talook-

dar's emoluments-Subordinate interests-Talooks created by zemindars-

Discussion of the talookdar's position-The canoongoe-His duties-His

emoluments-Abolition and restoration of the office-The putwarry-His

duties-His emoluments-Mode of assessment-The koot and the tookhem

rezi-The doul bundobust-The hat-hackcut-Net revenue payable by the

zemindar-Khas collection and farming-Accounts-The muzkoorat-Rent

and revenue-Settlement with the ryots-Cesses-The condition of the ryots

-Rates paid by the ryots-Amount of revenue-The assul-Abwabs-Khas-

noveesy-Jaffier Khan's abwabs-Nuzzeranah mocurrery-Zer mathoot-Ma-

thoot feelkhaneh-Foujdarry-Chout Mahratta-Ahuk-Nuzzeranah Munsoor-

gunge-Cossim Ali's abwabs-Serf sicca half-anna-The tuckseem-Propor-

tion of produce taken as revenue

149

LECTURE VI.

THE PAYMENT OF REVENUE. ASSIGNMENTS OF REVENUE.

Payment of revenue-Payment originally in kind-Mode of ascertaining share to

be paid-Payment in kind fell into disuse-Remedies for non-payment—

Application of the revenue-Jageers-Lakhiraj-Milk-Practice of assigning

revenue very ancient-Growth of jageers-These grants usually of revenue

and not of land-Zemindar's rights in jageer lands-Milk and muddud-mash

grants-Altumghas-Jageers-Purposes for which jageers were granted-The

jageer now hereditary and alienable-The conditional jageers-The uncondi-

tional jageer-Yetool-Powers and liabilities of the jageerdar-Dues to

viii

zemindars and the State-The Nizam's and Lord Clive's jageer-Tunkas-The

sunnud-Seyurghal grants-Ayma grants-Malgoozary aymas-Enams and

mauniums-Chakeran grants-Pykes-Services-Ghatwals-Power to resume

grant-Alienations of revenue by zemindars-Allowances in the muzkoorat

Dewusthan-Zemindars made very extensive alienations of revenue-Khewut

-Rights in land-Express law-Custom-The Hindoo system one of joint

property-Want of market for land and of marketable value-The soil itself

not claimed by any one-The sovereign's claim to the soil-The zemindar's

claim to the soil-The cultivator's claim to the soil

LECTURE VII.

THE ENGLISH REVENUE SYSTEM UP TO THE PERMANENT SETTLEMENT.

Early connexion of the English with Bengal-Acquisition of the Twenty-four

Pergunnahs-Acquisition of Calcutta-Acquisition of Burdwan, Midnapore,

and Chittagong-Accession to the Dewanny-Fiscal machinery-Instructions

to the supervisors-Khamar lands-The zemindars-Protection for the ryots-

The hustabood-Direct management of the revenue by the English-Revenue

farmed for five years-Abwabs and cesses prohibited-Revenue administered

from the Presidency-Review of revenue administration-Preparations for

a permanent revenue system-Enquiries set on foot-Annual settlements-

A permanent plan again contemplated-Settlement for 1188-Register of

revenue-free land-Rules for resumption-Settlements for 1191, 1192 and

1193-Centralisation-Instructions for Decennial Settlement-Settlement for

1194-Regulations for the conduct of the collectors-Regulations of 25th

April 1787-Legislation of 1790-Summary-Power of alienation restricted-

Proprietary rights-The fiscal machinery

LECTURE VIII

THE DECENNIAL AND PERMANENT SETTLEMENTS.

Page

188

231

The Decennial Settlement preparatory to a Permanent Settlement-Views of Mr.

Grant and Mr. Shore-Discussion between Lord Cornwallis and Mr. Shore-

The talookdars-Proprietary rights-Result of the discussion-Zemindars

forbidden to collect the sayer-Recovery of rent and revenue-Lakhiraj

Regulations Disqualified landholders-Decennial Settlement Regulations-

Mokurreree leases-Istemrardars-Settlement of the land of disqualified

proprietors-Settlement with mortgagees and others-Pensions to be paid

by Government-Nankar, khamar, and neej-jote-Settlement of rent-

Engagements with the under-renters-The landholders-Remedies for recovery

of rent-The Permanent Settlement-Introduction of a general code of law-

Proclamation of the Permanent Settlement-Assessment on lands farmed or

held khas when sold or divided-Further provisions-Object and effect of the

Permanent Settlement-Rights of the zemindars-The zemindars not made

absolute proprietors-The aurungs of Beerbhoom-Extension of cultivation. 272

CHANGES IN THE POSITION OF THE ZEMINDAR, INTERMEDIATE TENURE-HOLDER

AND RYOT.

Page.

The zemindars freed from Government interference-Changes in the zemindar's

position-The sayer collections taken away-Regulation IX of 1825, s. 9—

Resumption-Remission of revenue-Accounts-Contumacy-Preserving the

peace-Exactions and oppression-Cesses-Proportion taken by the State-

Disqualified proprietors-Julkur, bunkur, phulkur-General effect of the

Permanent Settlement upon the zemindar's position-Position of the zemin-

dar's tenants-Pottahs-Cabooleuts-Dependent talookdars-Separation of

independent talooks-Assessment of talooks excluded from the Permanent

Settlement-Enhancement-Enhancement by auction-purchasers-Puttee-

dars-Intermediate permanent tenures-Khoodkasht ryots-Mokurreree

tenures-Istemrari and mouroosee tenures-Statutory mokurreree tenures of

ryots-Mokurreree intermediate tenures-Mokurreree istemrari-Such tenures

proved by long possession-Right of occupancy-Acquisition of the right. 323

LECTURE X.

RELATIVE RIGHTS OF ZEMINDARS AND HOLDERS OF UNDER-TENURES. RIGHTS

OF ZEMINDAR.

Right of occupancy-Acquisition of the right-Transferability of the right-

Effect of transfer of holding by occupancy ryot-Subinfeudation-Enumera-

tion of sub-tenures-Enhancement and abatement of rent-Right of measure-

ment-Division of zemindaries-Zemindar's right of alienation-Zemindar's

power to lease-Succession to zemindaries-Transfer of under-tenures-

Registration.

358

THE PUTNEE TALOOK.

LECTURE XI.

REMEDIES FOR RECOVERY OF REVENUE.

The putnee talook-Remedies for recovery of revenue-Imprisonment-Sale of

land-Dispossession-Attachment of land-Personal liability-Interest on

arrears-Sale of estate or tenure-Regulation XI of 1822-Act XII of 1841

and subsequent Acts-Definition of arrear-Payment or tender of arrear-

Deposit of arrear by person other than defaulting proprietor-Exemption

of certain estates from sale-Annulment of sale-Finality of sale-Registration

of shares of an estate-Resale on default by purchaser to pay purchase-

money-Registration of talookdary and other similar tenures-Sale of tenures

not being estates--Avoidance of incumbrances .

395

LECTURE XII.

REMEDIES FOR THE RECOVERY OF RENT. LAKHIRAJ AND SERVICE TENURES.

Remedies for the recovery of rent-Imprisonment and corporal punishment pro-

hibited-Remedy by imprisonment restored-Remedies against khoodkashts—

Distraint-Remedies when distraint ineffectual-Distraint under Acts X of

1859 and VIII of 1869 (B.C.)-Ejectment-Personal liability of defaulter-

Sale-Avoidance of incumbrances-Stoppage of sale by under-tenant-Sale

under Act X of 1859 and subsequent Acts-Stoppage of sale-Sale at instance

of sharer in joint estate-Avoidance of incumbrances-Unregistered tenants-

Assignments of revenue and resumption thereof-Revenue-free grants made

before 12th August 1765-Revenue-free grants made since 12th August 1765

and before 1st December 1790-Revenue-free grants made since 1st December

1790-Badshahee grants-Resumption-Provisions where lakhiraj and pro-

prietary rights are distinct-Requisites of lakhiraj grants anterior to British

rule-Further provisions-Cases upon resumption-Lands held upon service

tenures-Ghatwallee tenures-Mokuddumee tenures

APPENDIX.

Page.

434

I.-A Zemindary Sunnud

II.-Two Royal Firmans for a Khankah, a sort of Mahomedan Monastery

III.-An Altamgha Sunnud