DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0276
218
REGULATION XXXVII.
[A.D. 1793.
Persons claiming to
hold lands paying re-
venue exempt from re-
venue under badshahee
grants, to sue Govern-
ment.
Collector to defend
the suit.
Vakeel of Govern-
ment to defend or joro-
secM^e suits instituted
by the collector in the
event of Government
being cast wholly or in
part.
Grants forged or al-
tered in any respect, or
antedated declared void.
Persons concerned in
the frauds liable to a
criminal prosecution.
Cases in and rules
X. Any person having a claim to hold lands paying revenue exempt
from the payment of revenue under a badshahee grant, must institute his
claim against Government, who alone can be the defendant in such suits,
in the Dewanny Adawlut of the zillah, in the same manner as in cases
where individuals may claim a right to hold lands paying revenue, exempt
from the payment of revenue under grants not of the description of those
termed badshahee, in virtue of Regulation XIX. 1793. The collectors
of the revenue are to defend all such suits as may be instituted against
Government, and such suits, %727 z^Ap .5222A zAg q/* ?72qy
zATgcz^ zVp co&vz'or z*o 3%Vz^Mz!p, are to be defended or p?'o.$gg2^p7 by the
vakeel of Government, under the instructions of the collector ; and in the
event of Government being cast, either wholly or in part, or if the
collector shall be dissatisfied with the decree in any respect, all the rules
contained in Section XXX. Regulation XIV. 1793, and the other sections
in that Regulation, respecting decisions given against a collector in any
Zillah Court, in suits instituted against him by any proprietor or farmer of
land, for sums of money demanded or actually received by him as arrears
of revenue, are to be held applicable to such decree, with this difference,
that the suit, from the commencement of it, is to be defended w g%7T2p7
m2 at the expense of Government, and in the event of the Board of
Revenue not deeming it proper to order an appeal from the deci-
sion of the Zillah Court to be preferred zfo z*Ap 7V(W272g2p7 6*02277 q/*Appgg^,
op y?'07?2 zAg &P2^2072 q/ zfAp A^7'OP272P?'o^ 6*02277 to the Sudder Dewanny
Adawlut, in the event of their ordering the cause to be appealed to the
jPpoP772C26^ 6*02277, and of its being given against them therein, they
are to report their reasons in both cases for not preferring the appeal
to the Governor-General in Council, who will direct the cause to be
appealed or not, in either case, as may appear to him proper.
XI. [Courts to award costs in cases of groundless prosecution.]—-
TtGs-cmAV C/ CAzzz.sp XgcwzA N*pc6o72 /A AcqzUaz'zmz 77.1819. *
XII. If it shall appear to any Court of Judicature, during the course
of a trial, that a grant has been forged, or that the name of the original
grantee has been erased and any other name substituted, or that any
name not in the original grant has been inserted, or that the denomination
or the terms of the tenure in the original grant have been erased or
altered, or that the date of the grant has been changed, or that the -grant
has been antedated, the grant shall be adjudged null and void.
XIII. Any person by whom any of the frauds specified in the preceding
section may appear to have been committed, or who may have been con-
cerned therein, shall, provided the court is of opinion that there are
sufficient grounds for a criminal prosecution, be committed or held to
bail, according to the circumstances of the case, to take his trial before
the 6*022?7 o/ 6*27'C22?7.
XIV. [Revenue to be paid from date of first decree of resumption.]—
7?p^cm7p7 <^2/ CAm-yg N*pco727, ^$*006072 7A. 7^22^2072 7A 1819.
XV. Altumgah, ayma, and muddudmaush grants are to be considered See Sec. xxi.
° ** ° Reg.VIII.1800.
REGULATION XXXVII.
[A.D. 1793.
Persons claiming to
hold lands paying re-
venue exempt from re-
venue under badshahee
grants, to sue Govern-
ment.
Collector to defend
the suit.
Vakeel of Govern-
ment to defend or joro-
secM^e suits instituted
by the collector in the
event of Government
being cast wholly or in
part.
Grants forged or al-
tered in any respect, or
antedated declared void.
Persons concerned in
the frauds liable to a
criminal prosecution.
Cases in and rules
X. Any person having a claim to hold lands paying revenue exempt
from the payment of revenue under a badshahee grant, must institute his
claim against Government, who alone can be the defendant in such suits,
in the Dewanny Adawlut of the zillah, in the same manner as in cases
where individuals may claim a right to hold lands paying revenue, exempt
from the payment of revenue under grants not of the description of those
termed badshahee, in virtue of Regulation XIX. 1793. The collectors
of the revenue are to defend all such suits as may be instituted against
Government, and such suits, %727 z^Ap .5222A zAg q/* ?72qy
zATgcz^ zVp co&vz'or z*o 3%Vz^Mz!p, are to be defended or p?'o.$gg2^p7 by the
vakeel of Government, under the instructions of the collector ; and in the
event of Government being cast, either wholly or in part, or if the
collector shall be dissatisfied with the decree in any respect, all the rules
contained in Section XXX. Regulation XIV. 1793, and the other sections
in that Regulation, respecting decisions given against a collector in any
Zillah Court, in suits instituted against him by any proprietor or farmer of
land, for sums of money demanded or actually received by him as arrears
of revenue, are to be held applicable to such decree, with this difference,
that the suit, from the commencement of it, is to be defended w g%7T2p7
m2 at the expense of Government, and in the event of the Board of
Revenue not deeming it proper to order an appeal from the deci-
sion of the Zillah Court to be preferred zfo z*Ap 7V(W272g2p7 6*02277 q/*Appgg^,
op y?'07?2 zAg &P2^2072 q/ zfAp A^7'OP272P?'o^ 6*02277 to the Sudder Dewanny
Adawlut, in the event of their ordering the cause to be appealed to the
jPpoP772C26^ 6*02277, and of its being given against them therein, they
are to report their reasons in both cases for not preferring the appeal
to the Governor-General in Council, who will direct the cause to be
appealed or not, in either case, as may appear to him proper.
XI. [Courts to award costs in cases of groundless prosecution.]—-
TtGs-cmAV C/ CAzzz.sp XgcwzA N*pc6o72 /A AcqzUaz'zmz 77.1819. *
XII. If it shall appear to any Court of Judicature, during the course
of a trial, that a grant has been forged, or that the name of the original
grantee has been erased and any other name substituted, or that any
name not in the original grant has been inserted, or that the denomination
or the terms of the tenure in the original grant have been erased or
altered, or that the date of the grant has been changed, or that the -grant
has been antedated, the grant shall be adjudged null and void.
XIII. Any person by whom any of the frauds specified in the preceding
section may appear to have been committed, or who may have been con-
cerned therein, shall, provided the court is of opinion that there are
sufficient grounds for a criminal prosecution, be committed or held to
bail, according to the circumstances of the case, to take his trial before
the 6*022?7 o/ 6*27'C22?7.
XIV. [Revenue to be paid from date of first decree of resumption.]—
7?p^cm7p7 <^2/ CAm-yg N*pco727, ^$*006072 7A. 7^22^2072 7A 1819.
XV. Altumgah, ayma, and muddudmaush grants are to be considered See Sec. xxi.
° ** ° Reg.VIII.1800.