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REGULATION XI OF 1822. 411
to are specified in section 5, and are—(1) that the lands or Lecturk mehal sold form the estate on account of which the arrear — has accrued or parcel of such estate, and are liable be to sold consistently with the principles and provisions of this Regulation; or are the property of the defaulter or surety; or as such property have been specially pledged to answer the demand in arrear: (2) that permission to sell has been received from the Board of Revenue before the day of sale: (3) that due notice of the demand and of the intention of the Collector to sell, as well as of the time and place of sale, has been given as provided in the Regulation : (4) that some part of the amount demanded in the notice, or of interest thereon, is due at the time of the lot being put up for sale: (5) that the sale is made at the time and place stated in the advertisement, and with the due publicity and freedom as thereinafter specifically directed. Provision is then made for the case in which the default is disputed. By section 10, clause 1, if the defaulter deny the existence of an arrear, the sale shall be stayed upon his paying in the whole demand, with five per cent, extra for charges; and by clause 3 such persons can proceed under section 23, provided they at the time deny the justness of the demand in writing. After the sale it shall not be liable to be annulled by any Court of Judicature on the plea that no arrear was justly due, unless such plea was preferred to the CoDector or the Board before the sale or the confirmation by the Board, or unless good and sufficient reason be shown why such denial could not be made. And no counter claims by the zemindar against the Government are to affect the right to sell. Again, by section 11, the fact that the person engaging with Government, or his representative, is divested of the possession and management of the estate sold,
412 REGULATION XI OF 1822.
Lkctuue whether by the act of an individual or by the Collector or — other officer acting under the orders of a Court of Judicature, or attaching the estate by virtue of the powers vested in him by this or any other Regulation, shall not be a ground for annulling the sale. The reason given for this is that all settled estates are liable for the revenue assessed upon them to the extent of the interests possessed by the persons engaging with Government, as ratified and confirmed by the act of settlement, and by those deriving title from such persons, unless otherwise specially provided.
We have already noticed that, according to this Regulation, the defaulter cannot purchase, and the purchase must be bond fide on the purchaser's own account. Neither can an officer of the Collector's establishment purchase. And the Collector must satisfy himself on these points before knocking down the lot.1 The defaulter is defined by section 16 to be the person with or on account of whom the settlement of the land revenue may have been concluded by Government, or his heirs, successors, or assignees, in possession of the interest acquired or confirmed by such settlement But it does not include those proprietors, putteedars, village zemindars, or the like, who at the time of the settlement held distinct properties, though paying their revenue through the recorded malgoozar, except in so far as such persons may be expressly declared responsible to Government. By section 20 it is provided that after the Board of Revenue has confirmed the sale and put the purchaser into possession, he can only be disturbed, on the plea of illegality in his purchase, by a decree in a regular suit. Section 22 provides for the balance of the purchase-money after
SALE UNDER THE ACTS. 413
payment of the Government claim being paid to the defaulter. Lecture The rest of the Regulation is concerned with the effect of — sale, a subject which I shall discuss separately. The provisions of Regulation XI of 1822 on the subject of sale were repealed by Act XII of 1841, section 1. By Regulation VII of 1830, also repealed by Act XII of 1841, section 1, the Collector may sell without previous sanction of the local Commissioner, but the sale is not to be final until confirmed by him.
We now come to a most important Act, XII of 1841. Act xn of This Act recites that it is desirable for the benefit of the sequent Acta. agricultural community to regulate the number of periodical sales for arrears of revenue, to discontinue the levy of interest and penalties on such arrears, and to provide for sales at known and fixed periods. We have seen that it abolishes interest and the penalty on arrears. It provides by section 2 that the Sudder Board of Revenue at Calcutta shall determine, with regard to each permanently settled district or zillah under their jurisdiction, the fixed dates in each year on which shall be commenced the process for realising by the sale of mehals the arrears of land revenue due thereupon, and shall give notice thereof. This is repealed by Act I of 1845, which by section 3 re-enacts the same provisions with this difference, that the Board is . to fix the dates on which all arrears of revenue and other claims realisable in the same way are to be paid up, and in default of which payment the estates are to be sold: due notices being also provided for. This provision is again repealed by Act XI of 1859 and re-enacted by section 3 of that Act. By section 4 (repealed by Act I of 1845, and substantially re-enacted by section 3 of that Act, which is again repealed by Act XI of 1859) the special sanction of
the Board of Revenue is required for a sale in districts not permanently settled and in Benares.
Section 5 defines an arrear of revenue. If the whole or any portion of a kist or instalment of any month of the year (or ' era' by Act XI of 1859, section 2), according to which the settlement and kistbundee of any mehal have been regulated, be unpaid on the first of the following month of such year (or era), the sum so remaining unpaid shall be considered an arrear of revenue.1
By section 6 no payment or tender of arrears after sunset of the day before that fixed for the sale shall bar the sale or interfere with it either at or after its conclusion. This provision is somewhat modified by the subsequent Acts. Thus Act XI of 1845, after repealing the provision, provides, as we have seen, for a day on which arrears must be paid and which is referred to as the latest day of payment, and the Act then goes on in section 6 to direct notice to be published that the sale will be held on a day after such latest day of payment, and the payment to stay or affect the sale must not be after such latest day. Act XI of 1859 again, which repeals the last-mentioned provisions, by section 6, substantially re-enacts them with a provision for fifing notices. By section 7 of Act XII of 1841, no claim to abatement or remission of revenue, unless it shall have been allowed by Government, nor any real or supposed private demand or cause of action of the defaulter against Government, shall bar a sale under this Act or render it void or voidable: nor shall the plea that money belonging DEPOSIT OF ARREAR 415
Payment or tender of arrear.
1 Repealed by Act I of 1845 and re-enacted by a. 2, which Wm agiiin repealed by Act XI of 1859 and re-enacted by s. 2, with "era" for " year."
to the defaulter and sufficient to pay the balance (or' arrear' Lkctur« by Act XI of 1859) or part of it was in the Collector's — hands, bar a sale or render a sale under this Act void or voidable, unless such money stand in the defaulter's name without dispute, and unless, after application made in due time by the defaulter, the Collector shall have neglected or refused on insufficient grounds to transfer it to the credit of the estate, (or, by Act XI of 1859, ' in payment of the arrear of revenue due ').1
By section 9 it is provided that the Collector shall at any Deposit of
time before sunset of the day before the sale (or' the latest day person other of payment' by Act I of 1845, section 9, and Act XI of 1859, proprietor. section 9) receive as a deposit from any but the (or 'a' by Act XI of 1859, section 9) proprietor of the estate in arrear (or 'a share of the estate in arrear,' section 9 of Act XI of 1859), the amount of the arrear to be carried to the credit of the estate at sunset, unless before that time the defaulting proprietor shall have paid. And in case the party depositing, and whose money shall have been credited as aforesaid, shall be plaintiff (or 'a party' by Act XI of 1859) in a suit pending before a Court for the possession of the same (or ' the estate or share from which the arrear is due,' Act XI of 1859, section 9) or any part thereof, it shall be competent to the Judge of the zillah in which the estate is situated (by section 9 of Act XI of 1859 'it shall be competent to the said Court'), to order the said party to be put into temporary possession of the said estate (or ' share or part thereof,' Act XI of 1859, section 9) subject to the rules in force for taking security in the case of appellants and defendants
1 Repealed by Act I of 1845 and re-enacted by s. 8, which was again repealed by Act XI of 1859 and re-enacted by a. 8.