Act XII of 1841, Act I of 1845, and Act XI of 1859 made further provisions upon this subject. By section 27 of Act XII of 1841, a purchaser of an estate sold under the Act for arrears of revenue due in respect thereof in the permanently settled districts of Bengal, Behar, Orissa, and Benares,1 shall acquire the estate free from all incumbrances which may have been imposed upon it after the time of settlement; and shall be entitled, after notice given under section 10 of Regulation V of 1812, to enhance at discretion (anything in the existing Regulations notwithstanding) the rents of all under-tenures in the said estate, and to eject all tenants thereof with certain exceptions. Act I of 1845, section 26, is in the same terms: but Act XI of 1859, section 37, enacts that the purchaser shall be entitled to avoid and annul all under-tenures, and forthwith to eject all tenants, omitting the provision for notice. These provisions have been held to get rid of a title created by adverse possession. But an auction-purchaser, it has been held, cannot enhance chur lands accreted and assessed since the Decennial Settlement, except under section 51 of Regulation VIII of 1793, and clause 2 of this section, and of section 26 of Act I of 1845, to be presently mentioned. Such a tenure must be treated as if it dated from before the Decennial Settlement.3

The exceptions are1

(1.) Tenures which were held as istemrari or mokurreree at a fixed rent more than twelve years before (by Act XI of 1859, section 37, 'from the time of') the Permanent Settlement.

Benares is omitted in s. 37 of Act XI of 1859.

* Thakoor Dass Roy Chowdhry v. Nubeen Kishen Ghose, 15 W.R., 552. * Kishenkinkur Roy v. Brown, S. D. A. (1858), 1521.

Act XII of 1841, s. 27, cl. 1. Act I of 1845, s. 26, cl. 1.

LECTURE

XI.

LECTURE

XI.

(2.) By Act II of 1841, section 27, clause 2, and Act I of 1845, section 26, clause 2, tenures existing at the time of the Decennial Settlement, which have not been, or may not be proved to be, liable to increase of assessment upon the grounds specified in Regulation VIII of 1796, section 51. But the corresponding clauses of Acts XI of 1859 and VII of 1868 (B.C.)1 omit all reference to Regulation VIII of 1793, and except tenures existing at the time of the Permanent Settlement, which have not been held at a fixed rent. But such tenures shall be liable to enhancement under any law in force for such enhancement.

(3.) By Act XII of 1841, section 27, clause 3, and Act I of 1845, section 26, clause 3, lands held by khoodkasht or kudeemee ryots, having rights of occupancy at fixed rents, or at rents assessable according to fixed rules under the Regulations and Acts in force, are excepted. This exception is omitted in Act XI of 1859, and in place of it talookdary and other similar tenures are excepted; such tenures being created since the time of settlement, and held immediately of the proprietors of estates; as well as farms for terms of years so held, when such tenures and farms have been duly registered under the provisions of the Act. This clause is omitted in Act VII of 1868 (B.C.), section 12.

(4.) By section 27, clause 4, of Act XII of 1841, and section 26, clause 4, of Act I of 1845, another exception is of lands held under bona fide leases at fair rents, whether temporary or perpetual, for the erection of dwelling-houses or manufactories, or for mines, gardens, tanks, canals, places of worship, burying grounds, clearing of jungle, or the like

1

Act XI of 1859, s. 37, cl. 2; and Act VII of 1868 (B.C.), s. 12.

beneficial purposes, such lands continuing to be used for the purposes specified in the leases. By Act XI of 1859, section 37, clause 4, and Act VII of 1868 (B.C.), section 12, this exception is modified and includes leases or tenures1 of lands whereon dwelling-houses, manufactories, or other permanent buildings have been erected; or whereon permanent gardens, plantations, tanks, wells, canals, places of worship, or burning or burying grounds have been made, or wherein mines have been sunk. And it is further provided that such a purchaser as aforesaid of an estate or tenure shall be entitled to proceed, in the manner prescribed by law, for enhancement of the rent of any land within this clause, if he can prove the same to have been held at what was originally an unfair rent, and if the same shall not have been held at a fixed rent equal to the rent of good arable land for a term exceeding twelve years; but not otherwise.5

(5.) By Act XII of 1841, section 27, clause 5, and Act I of 1845, section 26, clause 5, an exception is also made of farms granted in good faith at fair rents and for specified areas by a former proprietor for terms not exceeding twenty years, under written leases registered within a month from their date. Provided that written notice be given to the Collector, who shall be at liberty to object if the revenue is likely to be affected. The purchaser may set aside such farms by a suit if not granted in good faith and at fair rents. This provision is repealed by Act XI of 1859.

Act XI of 1859, section 37, and Act VII of 1868 (B.C.),

1 Act VII of 1868 (B.C.), s. 12.

2 Ib.

Omitted in Act VII of 1868 (B.C.) ⚫ Omitted in Act VII of 1868 (B.C.) Act VII of 1868 (B.C.), s. 13.

LECTURE
XI.

LECTURE

XI.

432

DISTRICTS NOT PERMANENTLY SETTLED.

section 14, further provide that nothing in the beforementioned provisions shall entitle any such purchaser as before mentioned to eject any ryot having a right of occupancy at a fixed rent, or at a rent assessable according to fixed rules under the laws in force; or to enhance the rent of such ryots otherwise than in the manner prescribed by such laws, or otherwise than the former proprietor, irrespectively of all engagements made since the time of settlement, may have been entitled to do.

Leases of lands coming under clause 4, section 37 of Act XI of 1859 may be registered at the holder's option, and tenures under clauses 1 and 2 also, but only in the special register.

With regard to estates in districts not permanently settled, Act XII of 1841, section 28, and Act I of 1845, section 27, provide that the purchaser shall acquire such estates free of incumbrances imposed since the time of settlement; and that he may avoid and annul all the tenures which may have originated with the defaulter or his predecessors; following substantially the description in Regulation XI of 1822, section 30. And it further provides that nothing in the Acts shall entitle any purchaser of land at a public sale to demand a higher rate of rent from any person whose tenure or agreement may be annulled as aforesaid than was demandable by the former malgoozar, except in cases in which such persons may have held their lands under engagements and circumstances such as are described in Regulation XI of 1822, section 32. Act XI of 1859, section 52, is substantially the same as this section.

By section 29 of Act XII of 1841, the Local Government may direct the sale for arrears to be made, subject to such

of the encumbrances upon it as it may think fit.1 This provision is not now in force.

When a share is sold under section 13 or section 14 of Act XI of 1859, it is subject to incumbrances, and passes only the right, title and interest of the defaulter. So sales of lakhiraj tenures under section 9 of Act VII of 1868 (B.C.). This last Act adds by section 12 "tenures," as defined by that Act and as before described, to the interests which may be sold free from incumbrances; and it adds also an exception from annulment of tenures created or recognised by the settlement proceedings of any current temporary settlement, as tenures bearing a rent which is fixed for the period of such settlement. I have already noticed the provisions of section 14 of Act VIII of 1869 (B.C.), re-enacting section 13 of Act X of 1859, which prohibits the enhancement of rent of a tenure cancelled by an auction-sale without a certain notice. This completes our consideration of the revenue sale laws, the main features of which as regards the purchaser are summed up in the decision that the purchaser at a revenue sale does not derive his title from the defaulter and is not in privity with him.2

Repealed and re-enacted by Act I of 1845, s. 28; repealed by Act XI of 1859.

• Moonshee Buzlool Rahman v. Pran Dhun Dutt, 8 W. R., 222.

LECTURE

XI.