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remitted the revenue. On the other hand, it wonld seem that if the land was in the possession of others, and the possession of it was desired for the purposes of the grant, the land had to be purchased: but in the case of waste or unoccupied land, the sovereign himself would be entitled to dispose of it. Thus the ghatwals, who guarded the frontier passes, seem to have occupied land free of revenue; and such frontier land would probably come within the class of lands of which the sovereign could lawfully dispose. In further illustration of this point, an instance may be given from the south of India: for it is stated that in Canara, when a grant of this kind was made to a pagoda, the soil did not pass, but only the right to receive the revenue; and that when the soil was granted, the previous purchase of it was expressly mentioned in the sunnud.1

Assignments of revenue were sometimes made in respect of lands included in zemindaries: if the revenue continued to be collected by the zemindar, he of course retained the usual emoluments, merely paying to the assignee of the revenue the amount he was bound to pay as revenue, instead of paying it into the khalsa. If there were no zemindars in the assigned district, from which the allotted revenue was to be received, the jageerdar collected the revenue and administered the district through the Government officers, or agents of his own, who would either receive an allowance similar to that taken by the zemindar, or would be paid for their services in money out of the revenue. If however the assignee of the revenue displaced the zemindar, as appears to have been the case in many instances in Behar, the zemindar, whose right had

• Fifth Report, Vol. II, 479.

MILK AND MUDDTTD-MASH. 197

become at this period a proprietary and not merely an Lkotur* official right, was compensated by the usual allowance of — malikana made to displaced zemindars.1

The most absolute grant of this kind was, as I have said, Milk ami mud

dud-masu

the milk or millik grant, a class which includes some of the grants.
muddud-mash grants (prolonging of life).2 This grant was
on condition of performing certain services; or for the sup-
port of the grantees without services; or for religious pur-
poses. The grant was in terms implying perpetuity, and
mentioning the heirs or children as included among the
grantees, but the grant was in practice revocable at the
will of the sovereign.3 There is a conflict as to whether
the grant was heritable, notwithstanding that the terms
used implied perpetuity and descent. Sir George Campbell
says that the right, if not resumed, went to the heirs of the
grantor ;* but it is contended by one writer that the terms
of the grant, including the children of the immediate
grantee amongst the objects of the grant, must be taken to
refer to a joint interest in the children with the parent.5
As I have mentioned the land was sometimes included in
this kind of grant; and in all cases of milk grants the land
was either granted, or was originally held by the grantee;
and since the land descended in the ordinary course, the
right to hold it free of revenue would naturally attend it
until the expiration or revocation of the grant: so that
practically it was an hereditary grant.6

1 Hamilton's Analysis, Vol. III, 845.

* Ayeen Akbery, Vol. I, 281.

* Land Tenure by a Civilian, 89. Baillie's Land Tax, xlviii. Campbell's Cobden Club Essay, 153.

4 Cobdeu Club Essay, 153. Harington's Analysis, Vol. III, 337, 338, 355. i Baillie's Land Tax, Ixiii.

* Land Tenure by a Civilian, 55, 56. Baillie's Land Tax, xlviii.

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I have referred to the circumstances under which a grant of the land itself could be made, and in further illustration of this I may mention that the sunnud under the Imperial seal, by which the formal grant was made, sometimes expresses that " the land shall not be assessed land, but shall be selected from waste land capable of cultivation and not under assessment."1 And in the case of some "rants of this kind, the land was to be half arable and half waste.1

The milk holding is said to have been transferable; but it could not be alienated so as to give an irrevocable right.3 The grant generally extended only to lands of small extent, seldom including more than a thousand beegahs*

Similar in some respects to the last mentioned grant was the altumgha grant,5 which was under the Emperor's red seal, and was a grant of revenue of land under cultivation. This, like the last class, was not strictly perpetual, but is said only to have reverted to the State on failure of heirs, or on forfeiture for misconduct.6 It was intended to be hereditary; and the sunnud contained generally an appeal by the sovereign to his successors to confirm his grant.7 It was apparently the only grant in the Mahomedan system which was originally intended to be hereditary.8 Such grants were rare, and were chiefly found in Behar.

1 Raillie's Land Tax, xxv, lv. Land Tenure by a Civilian, 55, 56, 89, 90.

Baillie's Land Tax, xlix. Ayeen Akbery, Vol. I, 383.

5 Land Tenure by a Civilian, 56. Campbell's Cobden Club Essay, 153. Orissa, Vol. II, 238.

4 Land Tenure by a Civilian, 89.

5 Colebrooke's Supplement, 238.

• Ib.

7 Baillie's Land Tax, li. Land Tenure by a Civilian, 56.

* Fifth Report, Vol. II, 168. Hwington's Analysis, Vol. II, 66; Vol. III, 337, 338.

THE ALTUMGHA. 199

The grant of the Dewanny to the English purports to be Licn-ima an altumgha. —

The altumgha conveyed only the right to receive the revenue and the authority necessary for that purpose, but did not transfer any other proprietary right.1 As before mentioned the grant was practically only resumed on delinquency; and the new grant sometimes mentioned the dismissal of the former holder." There is only one instance known of transfer of either this or the muddud-mash rights in Mahomedan times: but after 1773 such rights have been transferable.5 The holder of these grants paid malikana to the zemindars under the circumstances to which I have before referred* The zemindar could not resume such grants.5

The most general class of grants of revenue was that Jagaen. of jageers. This is the general name for all temporary assignments of revenue only without the land. Such a grant is of course included in those assignments which convey the land. All assignments of revenue were originally called iktaa or akta (a cutting off). They could not be made to extend beyond the life of the grantee,5 and might be resinned at the end of any year;7 and it is a question whether the grant did not cease when

1 Land Tenure by a Civilian, 90.

'Colebrooke's Supplement, 238.

*Ib.

4 Harington's Analysis, Vol. III, 243, 296, 322, 345, 354.

'Unide Raj aha Kuje Bommarauze Bahadur v. Pemmasamy Venkatradry Naidoo, 7 Moore's I. A., 128.

'Baillie's Land Tax, xxiv, xxv. Harington's Analysis, Vol. IlI, 361,413. Fifth Report, Vol. I, 236; Vol. II, 14, 167. Land Tenure by a Civilian, 89.

1 Baillie's Land Tax, xxiv. Harington's Analysis, Vol. III, 413, 415. Steele's Deccan Castes, 208.

200 THE JAGEER.

Lkoturk the grantee became unable to perform the services attached — to the grant.1 Purposes for The iageer was a grant" for the support of troops

which jageers J^s ° rr r

were granted. an(j 0f civil establishments, and for charitable or religious purposes." The chief jageers were for the support of troops, and were called foujdaries; these were granted to maintain the frontier armies and garrisons, where probably no revenue could otherwise have been collected. They were more common in Behar than in Bengal, as were the smaller jageers.4 These large jageers were held by foujdars, who had the military government of the district. They had been abolished or mixed up with the larger zemindaries before the period of British rule.5 Thus the original form of jageer was that of a grant on condition of military service:6 and it was this kind of jageer which was enjoyed by some of the ancient Rajahs, who received assignments of the revenue of a part of their former territory, on condition of supplying a certain number of troops.7 Jageers of the same kind still exist, although the duties are not required; and it has been held that a fouj serinjam, which is a jageer granted upon con

1 Bail lie's Land Tax, xxiv. Colebrooke's Supplement, 238. 'Moliummud Ismail Jemadar v. Rajah Balungee Surrun, 3 Sel. Rep., 346.

* Fifth Report, Vol. I, 268; Vol. II, 14. Harington's Analysis, Vol. II, 66; Vol. III, 361. Land Tenure by a Civilian, 55,56,90. Baillie's Land Tax, xlvi. Evidence of Mr. Elphinstone before the Select Committee of the House of Lords (1830), 2295, 2297. Elphiustone's History of India, 81, 275.

* Harington's Analysis, Vol. III, 415.

* Baillie's Land Tax, xlvi.

6 Fifth Report, Vol. II, 167.

7 Land Tenure by a Civilian, 73.

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