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Tara Pershad Roy v. Soorjokant Acharjee Chowdry
Tekayet Jugomohun Singh v. Rajah Leelanund Singh
Thakoorain Mussamut Roop Nath Konwur v. Maharaja Juggunnath Sahee Deo
Thakooranee Dassee v. Bisheshur Mookerjee 12, 17, 70, 74, 76, 118, 190, 219, 221, 223,
312, 313, 314, 315, 336, 350, 359, 378

Thakoor Chand Banerjee v. Shurnumnissa Khatoon
Thakoor Chunder Poramanick, In re

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Naidoo

Tirthanund Thakoor v. Paresmon Jha

Tweedie v. Ram Narain Doss

Umirthnauth Chowdhry v. Koonjbehary Singh

Unide Rajaha Raje Bommarauze, Bahadoor, v. Pemmasamy Venkatradry

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Unoda Pershad Banerjee v. Chunder Sekhur Deb

457

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Unopoorna Dossee v. Oomachurn Doss

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ERRATA AND CORRIGENDA.

Page 18, line 10 from top, for "northern" read "Northern."

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40, line 11 of heading, for "formerly " read "formally."

61, line 7 from bottom, for "chucklah" read “circar."

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132, line 11 from bottom, for "themselves;-" read "themselves." 134, line 13 from bottom, for "unecessary unnecessary." 135, line 9 from bottom, for "or fallow of" read "of fallow or." 337, line 4 from bottom, for " Deceninal" read "Decennial."

434, last line of heading, for "Mokuddum" read “Mokuddumee."

LECTURE I.

THE HINDOO PERIOD.

Scope of the present subject-Nature of sources of information-Express Hindoo
law as to land-Menu does not show extent of rights in land-Obligation of
cultivator to cultivate-The king's share-The village as referred to in
Menu-The village as inferred from observation and analogy-Lord Metcalfe's
description of the village communities-Such communities found in all parts
of India-The village lands and homesteads-A self-governing corporation-
The development from the joint family-The lands at first held in common
but divided at an early period-Immigrants-Servile dependants-Three
classes of cultivators with interests in the land-Khoodkashts-Their rights
regulated by custom-In Southern India-Their right to occupy so long as they
cultivated and paid the customary revenue-
-The transferability of their rights-
Rates paid by them-Paid a higher rate than other cultivators formerly-Their
privileges-The second class of cultivators-Their rights in the land-
What occupation sufficient-Less complete rights than khoodkasts-Assess-
ment upon them-The mere pyekashts-Rates paid by them-Precarious
nature of their rights-The village constitution-The village officers-Mode
of payment-The servile labourers of the village-The headman-Partly
elective and partly hereditary office-The State could dismiss-His functions-
His emoluments-In Orissa villages-Dismissal-Mode of assessment of
revenue-Mode of payment-When headman refused to agree to assessment-
Headman not a farmer of the revenue-But he and the village responsible-
Headman long recognised-The putwarry and canoongoe-The zemindar-
The chowdhry-The amount of the king's share-Proprietary rights.

the present

THE subject of the present course of Lectures, the Land Scope of Tenures of Lower Bengal, requires I think a word of pre- subject. liminary explanation. The term 'tenure' is not perhaps strictly applicable in India, but it is one which is used in the legislation relating to the land, and is a convenient term, liable to little misconception. I mean to include in the term 'Land Tenures' the rights and interests in and relating to the land in India, and the relations with respect. thereto between the persons entitled to those rights and interests. We shall find that the State, the zemindar and

LECTURE
I.

Nature of sources of information.

the cultivator stand in certain relations to the land, and have certain rights and interests in it, and also have certain relations with each other which are not perhaps exactly those of the landlord and tenant of English Law. I shall endeavour to show what those relations are, and what are the rights of the various parties. I shall also endeavour to show how those rights and relations are created, modified, transferred, and extinguished. It is a wide and difficult subject: one which high authorities have pronounced incapable of satisfactory treatment.1 All I can hope to do is to clear away a little of the confusion with which the subject abounds. In order to do this, and to come to some understanding of the true principles of the law on the subject, I shall have to treat it to a certain extent historically: not indeed with reference to points of antiquarian or historical or political interest-that would be beyond my province; but in order to show what was the state of the law at the commencement of the British rule, and to explain the subsequent modifications of the law, I must attempt to place before you the Hindoo system of Land Tenures as far as I can ascertain it, and the changes introduced under Mahomedan rule, so as to show what the law on the subject was at the British accession to the Government. The same historical treatment will be useful also, although not so necessary, in bringing down the law to the present time.

I shall then first endeavour to describe the Hindoo system of Land Tenures. The materials for such a description are very scanty: we have extremely little accessible information of a direct nature: our main reliance has to be

See the Preface to Mr. Justice Markby's Lectures on Indian Law (Calcutta: Thacker, Spink & Co., 1873).

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