LECTURE independent The rules in the Decennial and Perpetual Settlement Regulations for the separation of independent talooks having been construed so as to admit of such separation at any Separation of period, it is provided by Regulation I of 1801, section 14, talooks. that no further separation shall be permitted after a year from the date of that Regulation; and it is declared that these Regulations were only intended to provide for separation at the time of the Decennial Settlement, and not to apply to new talooks constituted since that period. : talooks the Permanent By Regulation XXIII of 1817, section 4, clause 3, it is Assessment of provided that lands which at the Permanent Settlement excluded from were included in talooks under special pottahs from the Settlement. Collector, such as the puteet-abady (waste land), and jungleboory talooks of the Twenty-four Pergunnahs and Jessore, and not then assesssed, are to be assessed but if in the hands of the original pottah-holder or his representatives, the conditions of the pottah with respect to the land specified are to be strictly maintained. This provision is rescinded and re-enacted by Regulation II of 1819, section 3, clauses 1, 3. The rent of the dependent talookdar is not to Enhancement. be increased on account of any increase of the zemindar's jumma, except upon proof to the Collector that the zemindar is entitled to enhance either by the special custom of district, or by the conditions under which the talookdar holds his tenure, or that the talookdar by receiving abatement from his jumma has subjected himself to the payment of the increase demanded, and that the lands are capable of affording it.1 by auction By Regulation XI of 1822, section 32, purchasers at Enhancement sales for arrear of revenue are not to be entitled to disturb purchasers. 'Regulations of 23rd November 1791, ss. 53, 54. Regulation VIII of 1793, s. 51. LECTURE 340 ENHANCEMENT BY AUCTION-PURCHASERS. the possession of any village zemindar, putteedar, mofussil talookdar or other person having an hereditary transferable property in the land, or in the rents thereof, not being one of the proprietors party to the engagement of settlement or his representative: nor to demand a higher rate of rent than was receivable by the former malgoozar, save when such tenants may have held their lands under engagements stipulating for a lower rate of rent than would have been justly demandable for the land, in consequence of abatements having been granted by the former malgoozar from the old established rates, by special favour or for a consideration or the like; or in cases in which it may be proved that, according to the custom of the pergunnah, mouzah, or other local division, such tenants are liable to be called upon for any new assessment or other demand not interdicted by the Regulations. This provision was repealed by section 1 of Act XII of 1841. This Act, by section 28, re-enacts the latter provision with respect to auction-purchasers of land not permanently settled, but does not expressly notice talookdars, although it provides' that tenures existing at the time of the Decennial Settlement in the permanently settled districts, which have not been or may not be proved to be liable to an increase of assessment on the grounds mentioned in section 51 of Regulation VIII of 1793, shall not be enhanced. These provisions of Act XII of 1841 were repealed by Act I of 1845, which re-enacted the same provisions by sections 26 and 27. These were again repealed by Act XI of 1859, which enacted by section 37, clause 3, that the auction-purchaser in permanently settled districts should not eject tenants holding by talookdary and 1 S. 27, cl. 2. IX. other similar tenures created since the time of settlement, LECTURE and held immedately of the proprietors of estates, when duly registered under the Acts; and by clause 2 also exempts from annulment tenures existing at the time of settlement whether held at a fixed rent or not; but makes the latter tenures liable to enhancement. The provisions as to talookdary tenures are omitted from Act VII of 1868 (B.C.), but are not repealed. The provision in clause 2, section 37 of Act XI of 1859, is re-enacted by Act VII of 1868 (B.C.), section 12; but the period from which the tenures are required to have been in existence is the time of the Decennial Settlement. The Privy Council in one case intimated that they considered there was great weight in the contention advanced before them that the mofussil talookdars referred to in Regulation XI of 1822, section 32, were those who were actual proprietors within the meaning of Regulation VIII of 1793, section 5, and not those whose talooks had been created since the Decennial Settlement; and who, under Regulation VIII of 1793, section 7, are declared not to have the property in the soil, but to be mere lease-holders; and they remark that the contention in question derives support from Regulation I of 1801, section 14.' With regard to the tenures contemplated by Regulation VIII of 1793, section 51, it has been held that it does not include kudeemee (old) ryotee tenures, but only talooks properly so called; and although it was long considered that in order to bring a talook within section 51 it must be registered, recorded, or recognized under section 48 1 Khajah Assanoolah v. Obhoy Chunder Roy, 13 Moore's I. A., 317, at p. 326; 13 W R., 24, s. c. Ramchunder Dutt v. Jogeshchunder Dutt, 12 B. L. R., 229, overruling previous cases, such as Rajkishen Roy v. Bydonath Nundee, S. D. A. (1858), 902. 342 INTERMEDIATE PERMANENT TENURES. IX. LECTURE of the same Regulation, it has now been decided (in 1869) that it is sufficient to show that the tenure existed and was capable of registration at the time of the Decennial Settlement.1 Putteedars. Intermediate permanent tenures. 2 The putteedars referred to in Regulation XI of 1822, section 32, are occupant sharers of a revenue-paying estate, each managing his share separately, but paying his revenue through one of the sharers called a lumberdar: the whole of the estate is liable for the revenue; but in case of default, the defaulter's share is first proceeded against. Upon a sale for arrears, the sharers became occupancy tenants at fixed rents, which was possibly their original condition. This mode of holding is found chiefly in the North-West Provinces, where the settlements with the villages were also upon the same principle under Mr. Bird's settlement. In other parts this mode of settlement was practised in conjunction with the zemindary and ryotwary methods, as in the Saugor and Nerbudda territories.* 3 By Act X of 1859, section 15, and Act VIII of 1869 (B. C.), section 16, it is enacted that "no dependent talookdar or other person possessing a permanent transferable interest in land, intermediate between the proprietor of an estate and the ryot, who holds his talook or tenure (otherwise than under a terminable lease) at a fixed rent, which has not been changed from the time of the Permanent Settlement, shall be liable to any enhancement of such rent, notwithstanding anything in section 51 of Regulation VIII Radhika Chowdrain v. Bamasundari Dasi, 13 Moore's I. A., 4 B L. R., P. C., 8, s. c.; 13 W. R., P. C., 11, s. c. 248; 2 See Regulation I of 1841, repealed as obsolete by Act XVI of 1874. Robinson's Land Revenue, 11, 46, 76. 3 Robinson's Land Revenue, 15. • Ib., 76. of 1793 or any other law." These provisions have been held to include the howalas and neem-howalas of Backergunge and the jotes of Rungpore, which are mouroosee and hereditary, but not mokurreree, or held at fixed rents.1 LECTURE ryots. IX. With regard to khoodkasht ryots little provision is Khoodkasht made, and no definition is given of the nature of their holdings: but it seems apparent from the whole scope of the Regulations for the Decennial and Permanent Settlements that, whatever misconceptions may have existed as to their position, their rights were not intended to be affected. The object of the Legislature was to define the conditions under which the zemindar should be settled with for ten years or permanently, and not to define the terms upon which he should become absolute proprietor. It is provided, with regard to the khoodkashts, that the landholders and farmers shall not cancel their pottahs, except on proof that they were obtained by collusion; or that their rents for the three years before the Permanent Settlement were below the pergunnah nirkbundy; or that they had obtained collusive deductions from their rents; or upon a general measurement of the pergunnah for the purpose of equalising and correcting the assessment. This is immediately preceded by a provision that all leases to under-farmers and ryots made before the conclusion of the settlement, and not contrary to any. Regulation, are to remain in force during their term, unless proved to have been obtained by collusion or from unauthorized persons. And these provisions are included 'Hurry Mohun Mookerjee v. Ranee Lalun Monee Dasee, 1 W. R., 5. Regulations of 23rd November 1791, art. 64. Regulation VIII of 1793, s. 60. 3 Regulations of 23rd November 1791, art. 63. Regulation VIII of 1793, s. 60. |