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INVALID REVENUE-FREE GRANTS. 461
so entitled to the revenue of such lands is not to be liable Lkcturk
Sii. 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.1 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.3 If the grant was made since 1178, the assessment shall be under Regulation VIII of 1793, and subject to the provisions before referred to.4
The third class of grants dealt with includes those Revenue-free
° grants made
made since 1st December 1790. These are declared abso- since 1st December 1790.
lutely void, unless made by the authority of the Governor-General in Council. Every proprietor and farmer
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.1 By section 20 valid hereditary grants are transferable, but the transfers must be registered3 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 RESUMPTION. 463
1 S. 10. Sonatun Ghose v. Moulvi Abdul Farar, B. L. R., Supp. Vol, 109, at pp. 122, 152. * According to ss. 21 to 25. '8s. 26, 27. 4 S. 28. 6 S. 49.
to the Dewanny, and of which the grantees or their heirs Lfcturk 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.1 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 expressed2
Regulation II of 1819 reeites 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 8. 4.
* S. 15. See a review of the Lakhiraj Regulations in Hureehur Mookhopadhya v. Madub Cbnnder Baboo, 14 Moore's I. A., 152; 8 B. L. R., 566, s. c. See also Mutty Lall Sen Qywal v. Desbkar Roy, B. L. R. Supp. Vol., 774; 9 W. R., 1,8. c.; and Kameahma Dassca v. The Court of Wards, 12 W. 11., 251.
Lecturk of proceeding in resumption, it is enacted that lands — not settled for and not legally revenue-free are to be liable to assessment; and the revenue of such lands, whether exceeding one hundred beegahs or not, is to belong to Government. This is not to affect the rights of zemindars and other proprietors of permanently settled estates.1 This provision applies also to churs and islands formed since the Decennial Settlement, and to all lands gained by alluvion or dereliction2 as well as to lands, which although included within the limits of talooks held under special pottahs, such as the putteetabady and jungleboory talooks in the Twenty-four Pergunnahs and Jessore, were not permanently assessed at the Permanent Settlement. But the terms of the pottah are to be observed as regards the original pottah-holder or his legal representatives.3 The rules as to the validity of revenue-free grants are declared applicable to grants at a fixed or mokurreree jumma, and to other grants limiting the demands of Government* Similarly as to lands given in lieu of pensions5 Nothing in the Regulation is to affect the right of proprietors of permanently settled estates to the full benefit of the cultivation of all waste lands included in their estates at the Permanent Settlement, and no claim is to be made with respect to permanently settled lands on the ground of error, fraud, or any pretext whatever.6
1 S. 3, cl. 1.
* S. 3, cl. 3.
* S. 29.
* S. 31. See as to this Regulation, Sonatun Ghose v. Moulvi Abdul Farar, B. L. R., Supp. Vol., 109.
POSSESSORY RIGHT OF LAKHIRAJDAR. 465
Regulation XIII of 1825 provides for the settlement Lkctork of canoongoes' lands in Behar, and for the Governor-General — in Council continuing in possession the holders of lakhiraj Provisions tenures, where the minhye or lakhiraj tenure is distinct from and proprietary the proprietary right in the soil: the proprietors are in such distinct. cases to continue to receive the same dues as before, but they are not to disturb the possession of the minhyedar or lakhirajdar,1 whose tenures are declared hereditary and transferable. If these tenures escheat to Government, settlements are to be made under the general Regulations with the proprietors.* These principles are also to apply to those tenures which, under Regulation XIX of 1793, section 8, clause 2, are to be assessed at half the produce; the intention being that the rule should be appbed in favour of long possession.* The same rules are to apply also to badshahee grants* These provisions tend still further to limit the wide power of ejectment at first given with respect to invalid lakhiraj. Regulation XIV of 1825 was passed to declare the extent of authority vested in the revenue officers with respect to the confirmation of lakhiraj; and to define the principles upon which grants before the accession to the Dewanny were to be considered valid. It recites that the power of granting or confirming lakhiraj tenures, except judicially, belongs to the Supreme Government alone. It enacts that lakhiraj tenures of which uninterrupted possession has been held at and subsequent to the 12th August 1765, shall be valid without evidence of any formal grant or confirmation, and shall be hereditary where they would be so by ancient usage. This rule doe3 not
1 S. 2. 'S. 4.
» S. 3. * S. 5.