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chucklah superseded the circar-Attempts at centralization-Hindoos filled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

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.

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

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