LECTURE Mokuddumee tenures. thus obtained.' And Act V of 1859, after reciting that it has been held that the holders of ghatwallee lands contemplated by Regulation XXIX of 1814 have no power to create an interest extending beyond the life of the holder, enacts that they shall have the same power of granting leases as other proprietors; but not to extend beyond the grantor's life or incumbency unless granted for certain specified purposes and approved by the Commissioners. It has been since held that ghatwallee tenures are not liable for the ancestor's debts in the hands of his successor or heir.4 3 We have noticed the other officers of the zemindary and their emoluments and tenures. It has been held that the zemindar cannot extinguish a mokuddumee tenure in Cuttack, since such a tenure is not derived from the zemindar.5 And it has been held that the hereditary pergunnah officers appointed to keep the accounts are still entitled to their fees when the pergunnah is granted in enam or jageer, and that whether they perform services or not if willing to do so.6 And the mokuddums of Bhaugulpore have been held entitled to all the privileges of maliks, and to be quite S. 5. See Chittro Narain Singh Tekait v. Commissioner of the Sonthal Pergunnahs, 14 W. R., 203. 2 See proceedings of the Legislative Council, Vol. IV, p. 687. 3 S. 1. See Mukinbhanoo Deo v. Kostoora Koonwaree, 5 W, R., 215. Deputy Commissioner of Beerbhoom v. Rungololl Deo, W. R., F. B., 34; Marshall 117, s. c. Hurlal Singh v. Jorawun Singh, 6 Sel. R., 169. Sartuckchunder Dey v. Bhugut Bharutchunder Singh, S. D. A. (1853), 900. Grant v. Bangsi Deo, 6 B. L. R., 653. Binode Ram Sein v. The Court of Wards, 6 W. R., 129; s. c. on review, 7 W. R., 178. • Goursham Jana v. Mussamut Kunneeka Debea, S. D. A. (1860), 504. • Beema Shunkur v. Jamas Jee Shapor Jee, 2 Moore's I. A., 23. XII. independent of the zemindar or chowdhry. These mokud- LECTURE dums are consequently not liable to pay any chuckladaree fees. Nor is the zemindar liable to pay mokuddimee chowdrace or chuckladaree dues. Again in the Madras Presidency, a palki huk was held to be annexed to the office of desai and not to be resumable by Government.* 1 Morley's Digest, Vol. I, p. 406 (note). Runglal Chowdhry v. Ramanath Dass, 2 Sel. R., 114. 2 Munsurnath Chowdhry v. Bhowany Churn, 4 Sel. R., 126. Kulian Chowdhree v. Raja Ikbal Ali, 4 Sel. R., 215. The Government of Bombay v. Desai Kullianrai Hakoomutrai, 14 Moore's I. A., 551. APPENDIX. The following specimens of sunnuds and grants may be usefully studied.' I-A ZEMINDARY SUNNUD. Form of a Sunnud for a Zemindary, granted in the time of Akber Shah. on depen - has agreeably to the mohurs. It is required that, "BE it known to the present and future mutsuddies, chowdries, canoongoes, talookdars, ryots and husbandmen of Pergunnah belonging to Chuklah dent on the Soobah of Bengal; that the office of zemindar of Pergunnah been bestowed from the commencement of the year endorsed particulars, on condition of his paying having performed with propriety the duties of his station, he deviate not from diligence and assiduity in the smallest degree; but observing a conciliatory conduct towards the ryots, and exerting himself to the utmost in punishing the refractory and expelling them from his zemindary, let him pay his revenues into the treasury at the stated periods; let him encourage the ryots in such a manner, that signs of an increased cultivation and improvement of the country may daily appear; and let him keep the high roads in such repair, that travellers may pass and repass in perfect safety. Let there be no robberies or murders committed within his boundaries. Should any one, notwithstanding, be robbed or plundered of his property, let him produce the thieves with the stolen property; and after restoring the latter to the rightful owner, let him assign the former over to punishment. Should he fail in producing the parties offending, he must himself be responsible for the property stolen. Let him moreover be careful that no one offend against the peace of the inhabitants by irregularities of any kind. Finally, let him transmit the account required of him to the Huzzoor, under his own and the canoongoe's signature; and after having paid up his revenues completely to the end of the year, let him receive credit for the muzcoorat agreeably to usage. Let him abstain from the collection of any of the abwabs that have been abolished or prohibited by Government. It is also required of the aforesaid mutsuddees, &c., that having acknowledged the said person zemindar of that Pergunnah, they consider him as invested with the powers and duties appertaining to that station. Regarding this as obligatory, let them deviate not therefrom." 1 See also Patton's Asiatic Monarchies, Appendix I, p. 333. Galloway's Law and Constitution of India, 43. Orissa, Vol. II, 229, 230 and the Appendix to Baillie's Land Tax. 2 Harington's Analysis, Vol. III, 252. See Rouse's Dissertations, Appendix No. I and No. II, for specimens of zemindary sunnuds. APPENDIX. Form of a Zemindary Muchulka, executed in the time of Akber Shah.1 "Whereas the office of zemindar of Pergunnah the Chuklah in Sircar 479 belonging to - dependent on the Soobah of Bengal has been bestowed on me from the commencement of the year on condition of my paying mohurs, I, who am of my own free will and accord, enter into this agreement and obligation; that having performed with propriety the duties incumbent upon my station, I will not be deficient in the smallest degree in diligence and assiduity; but observing a conciliatory conduct towards the inhabitants and exerting myself to the utmost in furnishing and expelling the refractory and disaffected, will pay my revenues into the treasury at the stated periods. I will encourage the ryots in such a manner that signs of an increased cultivation and improvement of the country may be daily visible. I will keep the high roads in such repair, that travellers may pass and repass without molestation and in perfect security. I will admit of no robberies or murders within my zemindary; but (which God avert) should any person be robbed or plundered of his property, I will produce the thieves with the stolen property, and after restoring the latter to the rightful owner, I will consign the former over to punishment; and in case of failure in producing the offending parties, I will myself make good the stolen property. I will take care that no one within my zemindary offends against the established laws and regulations. I will moreover transmit the accounts that may be required of me to the Huzzoor with my own and the canoongoe's signatures affixed to them; and after having completely paid up the revenue of the whole year, I will take credit for the muzcoorat agreeably to custom. Finally, I will abstain from the collections of any of the abwabs that have been abolished or prohibited by Government. I have accordingly given this paper as a muchulka or obligation that recourse may be had hereto when occasion shall require." A Zemindar's Hazerzaminy (or security for his appearance), granted in the time of Akber Shah.2 in Sircar "Whereas the office of zemindar of Pergunnah belonging to Chuklah dependent on the Soobah of Bengal, has been given to — I having become security for his appearance engage and bind myself, that in case the aforesaid person should abscond, I will produce him; and in the event of my not being able to do so, I will be responsible for his engagement. I have therefore written these few lines in the nature of a hazerzaminy that they may be called for when necessary." Translation of a Sunnud under the seal of the Newab Serfraz Khan, Dewan of the Soobah of Bengal, dated the 27th of the month Rumzan, in the 17th year of the Reign of His Majesty Mohummud Shah, or A.D. 1735-6. Superscribed " It has been seen.' 113 "To the mutsuddies of affairs and the officers entrusted with public transactions for the time being and to come, to the canoongoes, mukuddums and husbandmen of the Pergunnah Rajshahy, &c., belonging to the Soobah of Bengal, the Paradise of Kingdoms, be it known; that in consequence of the furd sewal, which has been signed 1 Harington's Analysis, Vol. III, 253. 2 Ib., 254. 3 Ib., 279. by the noble and princely Shujaa-ud-Dowlah, Mohtimun-ul-Muluk, Shujaa-ud-Deen, Mohummud Khan Bahadoor, and Assud Jung, Nazim of the Soobah, and agreeably to which the furd hukeekut and muchulka have also obtained signature (the contents of all which are endorsed therein), the service of the zemindary of the aforesaid Pergunnah has also been conferred, since the decease of Ramjeewun, and in consideration of a peishcush, &c., and the balances and the annual jumma of the Pergunnah above mentioned according to the annexed endorsement, on the first among his contemporaries, Ramkunt, the adopted son of the aforesaid person; to the end that, only attending to the duties and functions of that service, he may not be wanting in the most minute particle of diligence and assiduity; that he pay into the Royal Treasury the peishcush, &c., and the balances according to kistbundy; and discharge year by year at the stated times and periods, the due rents, after receiving credit for the muzcoorat, nankar, &c. agreeable to usage: that he observe a commendable conduct towards the class of ryots and the common people at large; and employ himself diligently in expelling and punishing the refractory and exert his utmost endeavours that no trace of thieves, robbers and disorderly persons may remain within his boundaries; that he conciliate and encourage the ryots, and promote the advancement of cultivation, the improvement of the country, and the increase of its produce; that he take special care of the high roads, so that travellers and passengers may pass and repass in perfect confidence; and if at any time the property of any person shall be stolen or plundered, that he produce the thieves and robbers, together with the property; and delivering the latter to the owner, consign the former to punishment; that in case he do not produce them, he himself become responsible for the property; that he exert his vigilance that no one be guilty of drunkenness, or irregularities of behaviour within the boundaries of his zemindary; that he refrain from the exaction of the abwabs prohibited by the imperial court; and that he deliver into the dufter khanah of Government the official papers required, conformable to custom, signed by himself and the canoongoes of the Soobah. It is therefore required of the aforesaid persons that they regard the abovementioned Ramkunt as the authorised zemindar of Pergunnah Rajshahy; and considering him as invested with the duties and functions appertaining thereto; that they receive all papers regarding that Pergunnah, signed by him as genuine and authentic. Let them therefore look upon these injunctions as obligatory, and obey them agreeable to instruction." Zimmeen or Endorsement. "Agreeable to the furd sewal signed by the noble and princely Shujaa-ud-Dowlah, Mohtimun-ul-Muluk, Shujaa-ud-Deen, Mohummud Khan Bahadoor, Assud Jung, Nazim of the Soobah, and the furd hukeekut and muchulka signed in conformity thereto (the contents of all which are herein fully recorded) the zemindary of the Pergunnah of Rajshahy, &c., belonging to the Soobah of Bengal, the Paradise of Kingdoms, has been conferred, from the time of the decease of Ramjeewun, upon his adopted son Ramkunt, on his consenting to a peishcush, &c., the balances, and the jumma year by year of the aforesaid Pergunnah agreeable to the annexed particulars. |