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LECTURE
XII.

grants made

August 1765.

produce of the land to religious or charitable purposes.
That the British Government had adopted the principle that
grants previous to the accession to Dewanny accompanied
with possession should be held valid. But that as no com-
plete register of exempted lands had been formed, and as
farmers and officers of Government still continued to make
extensive grants, dating them or registering them as before
the accession to the Dewanny; it is enacted, by section 2, Revenue-free
clause 1, that all grants for holding land free of revenue, before 12th
made before 12th August 1765, by whatever authority, and
whether by writing or not, shall be deemed valid, provided
the grantee actually and bond fide obtained possession of
the land so granted, and that it has not since been subject
to payment of revenue. By clause 2, if the land is found
to have been so subject to payment of revenue for less
than twelve years, but the Court is doubtful of the authority
of the officer who subjected the land to such payment, the
Governor-General in Council shall decide the question. By
clause 3 the Courts are not to adjudge any person, not
being the original grantee to be entitled to hold, exempt
from the payment of revenue, land now subject to the
payment of revenue, under a grant before the accession
to the Dewanny expressly for the life of the grantee; or if
not so expressed, or there is no writing or none forthcoming,
then if the grant, from its nature and denomination, shall
be proved to be for life only. By clause 4 heirs are not to
succeed under such grants; and where the grant is silent, it
must be proved to be hereditary to entitle the heirs to
succeed. If, however, one or more successions have taken
place, the Governor-General in Council shall declare whether
revenue is to be paid. By clause 5 holders of life grants
cannot transfer or mortgage beyond their own lives.

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LECTURE
XII.

Revenue-free

grants made

since 12th

August 1765

and before 1st December 1790.

460

GRANTS REQUIRING CONFIRMATION.

The next class of grants dealt with consists of those made since 12th August 1765 and before 1st December 1790, the date of the consolidated Regulations upon the subject. By section 3, clause 1, all grants between these dates by any other authority than the Government are void unless confirmed by Government, and doubts as to the authority of any officer confirming such grants are to be dealt with as before directed.' An exception out of this class is made, by clause 3, in favour of grants by the Provincial Councils before 1178, B. S., and, by clause 4, of grants before that period, whether for life or otherwise, if not of more than ten beegahs the produce of which is bond fide appropriated as an endowment on temples, or to the maintenance of Brahmins, or other religious or charitable purposes; and also of such grants made before the Dewanny. By section 4 the grantees or possessors of revenue-free lands alienated before 1st December 1790, are still proprietors of the lands, with the same right of property as is declared to be vested in proprietors of estates or dependent talooks (according as the land exceeds or is less than one hundred beegahs as specified in sections 5, 7 and 21), subject to revenue. That revenue is to be half the usual amount when the lands are held under grants made before 1178. By section 6 the revenue which may be assessable on lands not exceeding a hundred beegahs, whether in one or more villages, and alienated by one grant before 1st December 1790, shall belong to the person responsible for the discharge of the revenue of the estate or dependent talook in which the lands may be situated, notwithstanding anything in section 8 of Regulation I of 1793; and the person

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XII.

so entitled to the revenue of such lands is not to be liable LECTURE to any additional assessment on this account during his engagement. Such lands shall be considered a dependent talook. If held khas, the revenue of the talook shall be paid to the person entitled to receive the rents and revenue until settlement. This provision gives the zemindars the revenue of the lands in question, which, as we have seen, amounted to a very large sum. The revenue on such lands as are last mentioned, but exceeding a hundred beegahs, is to belong to Government, and the lands are to be considered independent talooks. With regard to the revenue to be assessed upon such lands, whether exceeding a hundred beegahs or not, if the grant was made before 1178, the revenue is to be half the produce, calculated according to the rates for other lands in the pergunnah of a similar description. If any part is uncultivated, the proprietor is to bring it into cultivation, and to pay a russud or progressive increase, regulated with reference to his assessment on the cultivated land. If the proprietor does not agree to the assessment, the lands are to be held khas, or farmed under Regulation VIII of 1793. But if he agrees to the proposed assessment, that assessment is to be fixed for ever. If the grant was made since 1178, the assessment shall be under Regulation VIII of 1793, and subject to the provisions before referred to.*

grants made

cember 1790.

The third class of grants dealt with includes those Revenue-free made since 1st December 1790. These are declared abso- since 1st Delutely void, unless made by the authority of the Governor-General in Council. Every proprietor and farmer

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LECTURE
XII.

Badshahee

grants.

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and officer of Government appointed to collect from khas estates is authorised and required to collect the rents from such lands at the pergunnah rates, and to dispossess the grantee thereof, and reannex such lands to the estate or talook in which they are situated, without reference to the Court or Government; without being liable, if a proprietor, farmer or dependent talookdar, to any increase of assessment during his term on account of such resumption. This provision authorises resumption without a suit.' By section 20 valid hereditary grants are transferable, but the transfers must be registered within six months; and omission to register renders the lands liable to revenue:" but the admission to registration is not conclusive as to exemption from revenue. This Regulation does not extend to badshahee or royal grants such as jageers, altumghas, muddudmash, and ayma grants.5 The provisions of this Regulation do not differ materially from the previous Regulations on the same subject.

Badshahee grants are regulated by Regulation XXXVII of 1793. This recites that the native Governments occasionally granted the State share of the produce, which is the due of the State with respect to every beegah of land, for the support of the families of persons who had performed public services, for maintaining troops, &c. That the British Government had continued those which were hereditary, and which were granted before the accession

S. 10. Sonatun Ghose v. Moulvi Abdul Farar, B. L. R., Supp. Vol., 109, at pp. 122, 152.

According to ss. 21 to 25.

3 Ss. 26, 27.

4 S. 28.

5 S. 49.

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XII.

to the Dewanny, and of which the grantees or their heirs LECTURE had obtained possession before that period. That there is no complete register of such grants, and that fabricated and antedated grants are put forward, and that grants for life are treated as hereditary without the consent of the Government. The titles to all such lands are to be tried by the Courts, and a register formed. Consequently the rules of 23rd April 1788 and subsequent dates are re-enacted with modifications. The provisions contained in this Regulation as to the validity of grants are substantially the same as those in Regulation XIX of 1793. The Regulation is declared not to affect the zemindary or proprietary right; but only the right of the Government to revenue.' Altumgha, ayma and muddudmash grants are to be considered hereditary and transferable tenures; but succession to them must be registered. Jageers are to be considered to be for life, unless otherwise expressed.

Regulation II of 1819 recites that the previous rules Resumption. on this subject had been found inadequate, and that it is necessary to declare generally the right of Government to assess all lands which, at the Decennial Settlement, were not included within the limits of a settled estate; not being land for which a distinct settlement had been subsequently made, or which was held free of assessment under a legal and valid title; at the same time renouncing all claim to additional revenue from lands included in permanently settled estates at the settlement. In order to establish a uniform course

1 S. 4.

2 S. 15. See a review of the Lakhiraj Regulations in Hureehur Mookhopadhya v. Madub Chunder Baboo, 14 Moore's I. A., 152; 8 B. L. R., 566, s. c. See also Mutty Lall Sen Gywal v. Deshkar Roy, B. L. R. Supp. Vol., 774; 9 W. R., 1, s. c.; and Kameshma Dassea v, The Court of Wards, 12 W. R., 251.

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