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Clarke, Richard [Hrsg.]
The regulations of the government of Fort William in Bengal in force at the end of 1853 - to which are added, the acts of the government of India in force in that presidency: with lists of titles and an index (1): Regulations from 1793 to 1805 — London, 1854

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https://doi.org/10.11588/diglit.34367#0274
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REGULATION XXXVII.

[A.D. 1793.

Badshahee grants
made previous to the
12th August,1765, de-
clared valid, provided
the grantee obtained
possession before that
date, and has since held
possession.
Grants made before
thedewanny, of no
validity if possession
was not obtained prior
thereto, or the grant
has since been resumed
by authority.
to refer to the
Governor - General in
Council, in the event
of their entertaining
doubts as to the autho-
rity of any officer of
hee grants of land, made
before the dewanny.

Claims to hold exempt
from revenue under
badshahee grants lands
that had paid revenue
for twelve years, not to
be heard.
Exception.

Persons not being
the original grantees,
not to be entitled to
hold lands exempt from
the payment of revenue.

Nor to entitle heirs
of persons now pos-
previous to the de-
wanny, to hold such

of the lands in the several zillahs, held exempt from the payment of
revenue under badshahee grants, the following rules, containing the rules
passed on the 23rd April, 1788, and subsequent dates, with modifications,
have been enacted.
II. Altumgah, jaghire, ayrna, muddudmausli, or other badshahee See Secs, h
grants for holding land exempt from the payment of revenue, made xiv.1825^^
previous to the 12th August, 1765, the date of the Company's accession to
the dewanny, shall be deemed valid, provided the grantee actually and
bona fide obtained possession of the land so granted previous to that date
and the grant shall not have been subsequentiy resumed by the officers or
the orders of Government. If it shall be proved, A? q/AA<?
that the grantee did not obtain possession of the land so granted
previous to the 12th August, 1765, or that he did obtain possession of it
prior to that date, but that it has been since resumed by the officers or
the orders of Government, the grant shall not be deemed vaiid.
/SYcoMtA In the event, howuver, of a claim being preferred by any
person to hold land exempt from the payment of revenue, under a bad-
shahee grant made previous to the date of the Company's accession to the
dewanny, and on it being proved, A Ae q/ Ad comY m zcAAA
Ad .S'M?7 772G?/ <%d A Ac yAU A.sAmcd, or A wAAA A //my <5d oppooLU,
that the grantee held the land exempt from the payment of revenue, but
that it was subjected to the payment of revenue posterior thereto by an
officer of Government, and the oomY shall entertain doubts as to the com-
petency of such officer, under the powers vested in him, to resume the
grant and subject the lands to the payment of revenue, the cozcrY shall
suspend its judgment, and report the circumstances to the Governor-
General in Council, to whom a power is reserved of determining wdrether
such officer was or was not competent to resume the grant; and upon
receiving the determination of the Governor-General in Council, the
comY is to decide accordingly. No such claim, however, to hold exempt
from the payment of revenue, land that may have been subjected to
the payment of revenue for the twelve years preceding the date on
which the claim may be instituted, shall be heard by any XAYA nr 6%/
unless the claimant can show good and sufficient cause for not having
preferred the claim to a competent authority within the twelve years, and
proceeded in it, as required by Section XIV. Regulation III. 1793.
7AAA But no part of the two preceding clauses is to be construed to
empower the co%rA to adjudge any person, not being the original grantee
entitled to hold land paying revenue to Government, exempt from the
payment of revenue, under a jaghire, or other grant made previous to the
Company's accession to the dewanny, where the grant may expressly
specify it to have been given for the life of the grantee only ; or supposing
no such specification to have been made in the grant, or the grant not to
be forthcoming, where the grant, from the nature and denomination of it,
shall be proved to be a life tenure only, according to the ancient usages of
the country.
Aom-A. Nor to entitle the heirs of any person now holding lands
exempt from the payment of public revenue under a jaghire, or other
badshahee life grant, made previous to the dewanny, to succeed to, and
hold such land exempt from the payment of revenue upon the demise of
 
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