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LECTURE by recognising an unregistered transfer he affirms the tenancy. Such recognition may be inferred from the receipt of rent; and before Act X of 1859 came into operation receipt of rent for a portion of a ryot's holding was held a sufficient recognition of a transfer of that portion as a separate holding. And where the landlord refused an application by the plaintiff for registration of a transfer of a tenure, but gave the plaintiff a pottah, and afterwards brought a suit against the registered tenant for arrears of rent, and at a sale under a decree in such suit bought the tenure for Rs. 2, it was held that he took nothing as against the plaintiff under such sale, independently of the question whether his purchase was not fraudulent.

1 Sarkies v. Kali Coomar Roy, W. R. (1864), Act X, 98. Mooktokashee Dassia v. Brojundro Coomar Roy, 3 W. R., Act X, 156. Meah Jan Munshi v. Kurrunamaye Debi, 8 B. L. R., 1. Allender v. Dwarka. nath Roy, 15 W. R., 320. See also Chunder Coomar Roy v. Pearee Lal Banerjee, 6 W. R., 190. Abdool Kurreem v. Munsoor Ali, 12 W. R., 396.

2 Mojon Mollo v. Dula Gazi Kulan, 12 B. L. R., 492 (note).

LECTURE XI.

THE PUTNEE TALOOK-REMEDIES FOR RECOVERY OF
REVENUE.

talook.

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-Regulatior XI of 1822-Act XII of 1841 and subsequent Acts-Definition of arrear-Payment or tender of arrearDeposit 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 purchasemoney-Registration of talookdary and other similar tenures-Sale of tenures not being estates-Avoidance of incumbrances. BEFORE proceeding to consider the remedies for the non- The putnes payment of revenue and rent, it may be useful to give some account of the putnee talook. The putnee talook is nothing more than a perpetual lease of a talook or zemindary. Regulation VIII of 1819 deals with this tenure, which had its origin on the estate of the Rajah of Burdwan. The Regulation recites that by the rules of the Permanent Settlement, the proprietors of revenue-paying estates, that is, the individuals answerable to Government for the revenue then assesed on the different mehals, were declared entitled to make any arrangements for the leasing of their lands in talooks or otherwise which they might deem most conducive to their interests, subject, by Regulation XLIV of 1793, to two limitations: first, that the jumma or rent should not be fixed for more than ten years; and second, that in case of sale for arrears of revenue, such leases or arrangements should stand cancelled from the day of sale. The preamble then recites the repeal of the limitation to ten years by Regulation V of 1812, section 2; and that by

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XI.

LECTURE Regulation XVIII of 1812, zemindars were at liberty to grant talooks or other leases of their lands fixing the rent in perpetuity at their discretion, but still subject to the liability to be dissolved on a sale of the grantor's estate for arrears of revenue in the same manner as before. It then recites that perpetual leases at a fixed rent had always been common, but it had been omitted to declare in Regulations V and XVIII of 1812, whether such tenures, created in violation of Regulation XLIV of 1793, section 2, should be deemed void. The preamble further describes the nature of a putnee talook as a talook created by the zemindar to be held at a rent fixed in perpetuity by the lessee and his heirs for ever, the lessee giving collateral security for his conduct and for the rent at the zemindar's discretion; but that if the original tenant is excused from giving such security, any new tenant is still liable to give such security. It is recited that by the terms of the engagement the tenure may be sold for arrears of rent; and if the proceeds realised are insufficient to pay such arrears, the remaining property of the defaulter is answerable. It is further

recited that the talooks are sublet as durputnee talooks on the same terms, and again sublet by the durputneedars as seputnee talooks. The engagements, it is stated, do not show whether upon a sale the tenant is entitled to any surplus proceeds, nor do they prescribe the mode of sale; and neither the Regulations nor usage supply these omissions; these are dealt with by the Regulation in question. This Regulation first declares all such tenures valid although created before Regulation V of 1812, and although in violation of section 2 of Regulation XLIV of 1793. But nothing in the Regulation is to be held to exempt any tenures held under engagements from proprietors of revenue

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paying estates from liability to be cancelled on sale of the said estates for arrears of revenue under section 5 of Regulalation XLIV of 1793, unless specially exempted by that section or some other specific rule of the Regulations.1 By section 3 it is enacted, (1) that putnee talooks, as described in the preamble, shall be deemed to be valid tenures in perpetuity according to the terms of the engagements under which they are held. They are heritable by their conditions, and are by the section further declared capable of being transferred by sale, gift, or otherwise, at the discretion of the holder, as well as answerable for his personal debts, and subject to the process of the Courts in the same manner as other real property. (2) Putnee talookdars are declared to possess the right of letting out the lands composing their talooks in any manner they may deem most conducive to their interests,—such engagements to bind the parties, their heirs and assignees, but not to operate to the prejudice of the zemindar's right to hold the superior tenure answerable for any arrear of his rent in the state in which he granted it and free of all incumbrances resulting from the act of his tenant. (3) In case of arrears occurring upon any tenure of the description alluded to in clause 1 of this section, it shall not be liable to be cancelled under Regulation VII of 1799, section 15, but the tenure shall be sold by public auction, and the holder of the tenure shall be entitled to the surplus proceeds beyond the rent due, subject however to section 17 of this Regulation. I shall hereafter refer again to this and other provisions for sale. By section 4, the durputneedar and seputneedar, &c., stand in the same position to their respective lessors as the putneedar occupies with

LECTURE

XI.

1 S. 2.

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XI.

LECTURE respect to the zemindar. It is provided by section 5 that, as the right of alienation has been declared to vest in the holder of a putnee talook, it shall not be competent to the zemindar to refuse to register, and otherwise to give effect to such alienations, by discharging the party transferring his interest from personal responsibility, and by accepting the engagements of the transferee. In conformity, however, to established usage, the zemindar may take a fee of two per cent. on the jumma up to one hundred rupees for registration; and he may demand from the transferee or purchaser of the tenure substantial security to the amount of half the yearly jumma or rent of the tenure: the liability to furnish such security being understood to be one of the original liabilities of the tenure. The above rules apply to sales in execution of decrees as well as to all other alienations, but not to sales for arrears of rent: the purchaser at a sale for arrears of rent being entitled to registration and possession without fee, though of course liable to be called upon to give security. The landlord, by section 6, may, where a fee is payable, refuse registration until it is paid, and until substantial security to the amount specified is tendered and accepted; but an appeal to a Civil Court is given on the question of security. This section and section 5 do not apply to transfers of any fractional part of a putnee talook, nor to any alienation except of the entire interest; for no apportionment of the zemindar's reserved rent can be allowed to stand good unless made under his special sanction. By section 7, in case of sale in execution of a decree, if the purchaser do not conform to the provisions of section 5 within one month from sale, the zemindar may send a sezawul to attach and hold possession of the tenure until the prescribed forms are observed. So

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