Графични страници
PDF файл
ePub

LECTURE

XI.

396

THE PUTNEE TALOOK. 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

[blocks in formation]

LECTURE

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. 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

XI.

i S. 2.

[blocks in formation]

LECTURE respect to the zemindar. It is provided by section 5 that,
XI.

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 trans-
ferring 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 land-
lord, by section 6, may, where a fee is payable, refuse registra-
tion 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

[blocks in formation]

XI.

r

if, on a sale for arrears of rent, the purchaser fails to LECTURE furnish security within a month after sale, and upon requisition so to do, the tenure may be attached. Such attachments are to be for the benefit and at the risk of the purchaser, who is to receive the surplus rents and to be liable in the same way as if the tenure was not attached, and the zemindar's accounts are to be primâ facie evidence to warrant attachment for an arrear of rent.

I now proceed to consider the remedies for default in payment of rent and revenue. The Permanent Settlement introduced great changes in these remedies, and, in general, gave a great impetus to litigation with respect to the rights in land. As an instance, it is stated that, within two years after the Permanent Settlement, thirty thousand suits were filed in Burdwan alone.' The most ancient remedies for default in payment of Remedies for

recovery of revenue were imprisonment, corporal punishment, and revenue. dispossession. Imprisonment was the remedy prescribed Imprisonment. by the Regulations of 26th January 1779 : and by the Regulations of 8th June 1787, the zemindar or farmer was to be imprisoned for arrears of revenue, and his principal servant or a sezawul was to collect the revenue during such imprisonment. By the Regulations of 8th September 1790, the defaulters were to be released from confinement when lands sufficient to realise the revenue had been ordered to be sold.* And by a rule of 12th August 1791, it is provided

' Evidence of Mr. Traut before the Select Committee of the House of Commons (1832), 2072.

* Colebrooke's Supplement, 213.

Arts. 23, 24. Colebrooke's Supplement, 257. Harington's Analysis, Vol. II, 53.

• Colebrooke's Supplement, 495.

[blocks in formation]

LECTURE

XI.

that no naib, gomastah, or agent of the zemindar shall be
confined for a balance of rent or revenue unless personally
responsible for it.' By Regulation XIV of 1793(now repealed
as obsolete by Act XVI of 1874), section 4, the defaulter was
still to be imprisoned, and the collections to be made by an
Ameen (section 6); but by section 8, the power to imprison
was suspended if the default was occasioned by drought,
inundation or other calamity of season, or by any cause
which was not the fault of the proprietor or farmer.
Similarly, by sections 23 and 24, sureties might be confined
and their lands attached and sold. The lands of disqualified
proprietors were to be sold, but the proprietors were
not to be imprisoned (section 48). Regulation III of 1794
abolished imprisonment for arrears of revenue except in
a few cases. It recites that the rulers of the province
have, from the earliest times, exercised the power of
imprisonment for such arrears as well as of attaching and
selling the defaulter's property. The Governor-General
in Council, however, considering the defaulter's property
sufficient security, and being solicitous to refrain from
every mode of coercion not absolutely necessary, it is
enacted by section 3 that proprietors of land, which in any
Regulation is to include zemindars, independent talookdars
and all actual proprietors who pay revenue direct to
Government, shall not be liable to be confined for arrears
of revenue or for any demands of the nature of those
specified in section 40 of Regulation XIV of 1793 (such

as tuccavy, &c.), except in the cases mentioned in Sale of land. section 14 of this Regulation. Arrears are to be recovered

by sale as prescribed in this Regulation; and by section 8

Colebrooke's Supplement, 307.

« ПредишнаНапред »