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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chucklah superseded the circar-Attempts at centralization-Hindoos filled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
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
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.
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
TABLE OF CONTENTS.
LECTURE IX.
CHANGES IN THE POSITION OF THE ZEMINDAR, INTERMEDIATE TENURE-HOLDER
AND RYOT.
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
ix
Page.
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
2
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
Page,
434
APPENDIX.
I.-A Zemindary Sunnud
II. Two Royal Firmans for a Khankah, a sort of Mahomedan Monastery
III.-An Altamgha Sunnud