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SUBINFEUDATION. 371

the revenue-paying zemindar resembles the primary Lhctur zemindary, and is essentially the right, on payment of the — proper jam/ma to a superior holder, to make collections from the cultivators of land, and to take the jummas from subordinate holders within a specified area, we see that as soon as the tenure is converted into a proprietary right, there must almost necessarily be a constant tendency to the creation of minor tenures. The owner of the smallest and lowest tenure is severed from the land itself by the customary occupation of the ryots, and ryottee-tenures, if there are any; indeed, the ryot holdings contain more of that which goes to constitute the English idea of land property than do the middle tenures, although it is not always easy to draw the line which separates the two. The middle tenure of every degree is thus in a great measure an account-book matter, and is very completely represented by the jummabandi paper. If the owner of such a property desires to benefit a child, or a family connexion, he can do so by making him a mukerreree grant in some form of a portion' of his collections. It would be no easy matter to describe fully the various shapes which such a grant is capable of taking. It may cover a part of a village only, or a whole village, or many villages (according to the circumstances of the grantor and the transaction), and may convey the right to take the rents, dues, and jurrvmas within that area by entireties; or it may convey the right to take a fractional part only of them; or again, it may convey the entireties for some villages, and fractional parts for others, and so on. Most frequently the tenure of the grantor himself amounts only to a right to a fractional share of the rents, &c., and then his grant will pass a fraction of a fraction. But not only may a tenure-holder make a grant

372 SUB-TENURES.

Lbcturr of this nature to some one whom he desires to benefit, he x. — may do the like to a stranger in consideration of a bonus

or premium. Again, he may do so with the view to ensure

to himself, in the shape of the rent reserved on the subject

of grant, the regular receipt of money wherewith to pay

his own jumma. Or he may, by way of affording security

for the repayment of a loan of money made to him,

temporarily assign to the lender under a zar-i-peshgi ticca

his tenure-right of making collections. In these or similar

modes, the Bengalee tenure-holder, landed proprietor, or

zemindar (however he may be designated) is obliged to

deal with his interest when he wants to raise money, or to

confer a benefit; and it is obvious that in each instance

(excepting that of out and out sale of the entirety of his

interest, to which he rarely has recourse, if he can avoid it),

he creates a fresh set of proprietary rights."

Enumeration It is not possible to give any exhaustive account of these

'innumerable under-tenures: and in many cases what is called

a tenure has no distinctive feature; and the name it bears is

given, not on account of any peculiarity in the nature of the

holding itself, but to indicate the kind of land cultivated

or the crop produced, or the mode in which rent is paid.

Thus we have(l) sali land, land wholly submerged during the

rains; (2) suna land, not so submerged; (3) nakdi or neckdy

land, of which rent is paid in cash at a certain rate for the

beegah; (4) bhaoli land, of which rent is paid in kind, the

rent being a share of the produce; (5) bhiti, raised house-site

land; (6) uthbandi or ootbundee, in which the ryot pays

for so much of his holding as he actually cultivates.1 These

1 Rustic Bengal, by J. B. P., in the Calcutta Review for 1874. Premanund Ghose v Shoorendronath Roy, 20 W. R., 399.

SUB-TENURES. 373

names are frequently met with as names of tenures; Lkcturk

whereas several of them are not so much indicative of —

any peculiarity of tenure as of the kind of land held, and

the mode of paying rent. This will appear more clearly

from an enumeration of some of the various so-called

tenures. Thus we have ausat or ousut, a name used in

Backergunge to denote a subordinate talook; and nim (or

neem) ousut, a sub-division of an ousut talook :l ihtimam,

a name given to small talooks in Chittagong, and formerly

used in Burdwan and Rajshahye: howala, a Backergunge

name for a small talook f and nim howala, a half howala."

We have mention also of ousut howalas,4 a general name for

tenures intermediate between those of the zemindar and the

ryot; and of bye-howalas, or sub-divisions of a nim howala.3

Again, a tenure subordinate to a howala is called a zimma.

There is a tenure called tashkisi zimma, held upon payment

of the current rates of the district." In Rungpore we find

a tenure called upanchaki, a name said to be derived

from a cess of one-fifth; it is apparently a mokurreree

istemrari tenure.7 So also the surbarakaree tenures of

Cuttack, which are permanent and hereditary, and, with

1 Mahomed Kadur v. Puddomala, 2 W. R., 185.

* Juggut Chunder Roy r. Ramnarain Bhuttacharjee, 1 W. R., 126. Madhub Chunder Ghose r. Nilkant Shaha Roy, 2 W. R., 42. Doorga Soonderee Debia v. Dinobundhoo Kyburto Doss, 8 W. R., 475.

* Mahomed Kadur c. Puddomala, 2 W. R., 185. Doorga Churn Kur Sircar r. Anund Moyee Dabia, 3 W. R., 127.

1 Huree Churn Bose v. Meharoonissa Bibee, 7 W. R., 318.

• Ruttun Monee Dabee v. Kumolakant Talookdar, 12 W. R., 364.

• Baboo Gopal Lall Thakoor t. Teluck Chunder Rai, 10 Moore's I. A., 185.

7 See Madhub Janah v. Rajkishen Mookerjee, 7 W. R., 96. Shib Kumar Toti c. Kali Prasad Sen, 1 B. L. R., A. C, 167.

374 SUB-TENUEES.

Lkcturk the consent of the zemindar, transferable.1 Bekhbirt i* a x. —- name given to talooks sometimes of considerable ske in

Sarun. A gantie or ganthe is an hereditary tenure at a

fixed rent :* the name is said to be derived from a Sanscrit

word meaning a knot or engagement. Birt land is held for

religious purposes or by Brahmins free of revenue, and it

is held under a heritable istemrari tenure sometimes

known as birt ijara.* There is a tenure in Sylhet called

mirasdaree also of an istemrari heritable nature.* The

mulgenies of Canara are perpetual tenures usually granted

on payment of a fine, and are transferable and hereditary,

reverting however to the landlord on failure of heirs.5

I have referred to these and other tenures of Southern

India on various occasions by way of illustration, but as

these tenures are not known under the same names in

Bengal, it is unnecessary to give them in detail. In some

parts, as in Colgong, there is a right called boro ajwain,

which is an hereditary right to sow on land in which the

sowers have no property, provided the seed was sown before

a plough should have been put into the soft mud; also to

all grass and other crops which should spring up in the

month of Kartick, and if necessary to re-sow in that month;

to burn jungle in Assar; and to sow on all deposit or mud

before a plough could pass over the ground. This right

prevailed in certain new formations near the Ganges, but it

'Doorjodhun Doss v. Chooya Daye, 1 W. R., 322. Sudanundo Mytee v. Nowruttun Mytee, 16 W. R., 290; 8 B. L. R., 280, s. c. Kaaheenath Punee v. Lakhmanee Pershad Patnaik, 19 W. R., 99.

* Bipinbehari Chowdhry c. Ram Chandra Roy, 5 B. L. R., 235.

* Morley's Digest, Gloss.

* For most of the above tenures, see Whinfield's Landlord sod Tenant, 5.

'Timmarsa Puranik c, Badiya, 2 Bombay 11. C. 11., 73 (note).

SUB-TENURES. 375

was not confined to the first season during which such Lkcturk formations existed.1

Leases and farms are also known under various names, as izara or ijara, andthika (from thik, exact), a lease at a certain amount of rent: a holder of this kind may have no land under his own cultivation within the district leased to him, but only farm the rents* Kutkina is a sub-lease by a farmer or under-farmer, who again may have no direct connexion with the soil.3 Below these again are dur-ijaras and durkutkinas, and so on in a line of subinfeudation which is apparently without end. Moostajir is another name for a farmer*

Rent-paying land is called jamai land. Frequently the rent is half the produce: we have seen that this is so in the khamar lands in many cases. The tenants of the class of dihkasht or khoodkasht, and those called adhiar and chikli, pay in this way; so also the dhotar, who holds plough lands in Purneah, and the under-tenants of ryots. These latter are known under the name of kurpha; in Rungpore they are known as chukani ryots: other names are prajali, shikmi, and petao ryots. There is a class of ryots in Behar called ashrafs or gentlemen who hold at low rents. An autbundi ryot (from aut, a plough) pays so much a plough-land5 Both the ryots and the lands are

1 Records of Criminal Appeal, No. 57 of 1871, in the Calcutta High Court.

• Leela Dhur v. Bhugwunt, 3 N. W. R., 39. Baij Nath r. Munglee, 2N. W. R, 411.

* Surwan Singh, Petitioner, 2 In. Jur., N. 8., 149. Rajah Leelanand Singh r. Surwan Singh, 9 Sev., 311.

4 Whinfield's Landlord and Tenant, 13. Baboo Dhunpnt Singh v. Gooman Singh, 11 Moore's I. A., 462. Government v. Dindayal Misir, 5 Sel. R., 118.

'Whinfield's Landlord and Tenant, 17.

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