DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0332
274
REGULATION IL
[A.D. 1795.
Rule in respect to
lands conveyed to au-
the zemindars and other
landholders.
any other court of justice, or from the rajah or the resident, the aumils
were required and agreed, on pain of dismission, to yield the most prompt
obedience.
It having afterwards appeared, that in several instances the
aumils bad clandestinely availed themselves of their authority to procure
deeds of conveyance, in their own names or those of their relations, for
lands the property of persons in arrears on account of the revenue, and
whose balances had been thereby either wholly or partially liquidated, a
rule was published, on the 19th of September, 1794, prohibiting and
declaring null and void all such conveyances that might be made in future ;
and on the 31st of October following, a further rule was passed, giving to
all persons who might have thus disposed of their lands, or to their heirs
or putteedars, the option of suing for the recovery of them in a court of
justice, at any time within hve years from the date of such conveyances ;
and the parties so prosecuting were declared entitled to have the convey-
ances annulled, and to regain possession of the property, on repaying to
the purchasing aumil or his heirs the purchase-money, with simple
interest.
XVI. TAVsA The adjustment of the disputed claims to lands formed one
of the principal difficulties which occurred in the progress of the settle-
ment. In many instances, contests existed between the putteedars or
sharers in the same village, as to their respective proportions, or between
claimants of different families to the same villages. In all these cases, it
was observed as a general rule to confirm or admit those zemindars, who
were either in the actual occupancy, or who had at any time been known
to have had possession since the final transfer of Benares to the Company
in 1775 (the zemindars dispossessed before which period, the Governor-
General in Council, on the 11th April, 1788, determined should not be
restored in compliance with the objections which the rajah then entertained
to their restoration, but which he subsequently relinquished,,, as stated in
Section XII.) ; leaving those who might think themselves entitled to
reinstatement under this rule, to seek redress in the Moolky Adawlut.
But as it became necessary, during the progress of the settlement, to pass
orders in a summary way on disputes of this nature, it was explained to all
parties, that the new pottahs were meant only to fix the rental, and in no-
wise to constitute a bar to the recovery of any proprietary right in land,
for which suits might be instituted, in the court of justice above mentioned
in the same manner as if no such pottahs had been granted. Instructions
to this effect were issued to the judge of the court, and separate engage-
ments were taken from all the present pottah-holders, whether zemindars
or farmers, binding them to a ready attendance on, and submissson to, the
judicial authority of the said court and the Court of Appeal, in respect to
all such causes ; and the aumils were prohibited from making alterations
in the pottahs, excepting in conformity to judgments passed in both or
either of those courts. The settlement thus concluded, consisting of
engagements with zemindars for about eight-twelfths of the whole country,
of leases to farmers for about three-twelfths, whilst the remaining twelfth
continued amauny, in consequence of there being found for the places
included in the last-mentioned portion, neither zemindars nor farmers, so
that the aumils collected the public dues immediately from the ryots.
REGULATION IL
[A.D. 1795.
Rule in respect to
lands conveyed to au-
the zemindars and other
landholders.
any other court of justice, or from the rajah or the resident, the aumils
were required and agreed, on pain of dismission, to yield the most prompt
obedience.
It having afterwards appeared, that in several instances the
aumils bad clandestinely availed themselves of their authority to procure
deeds of conveyance, in their own names or those of their relations, for
lands the property of persons in arrears on account of the revenue, and
whose balances had been thereby either wholly or partially liquidated, a
rule was published, on the 19th of September, 1794, prohibiting and
declaring null and void all such conveyances that might be made in future ;
and on the 31st of October following, a further rule was passed, giving to
all persons who might have thus disposed of their lands, or to their heirs
or putteedars, the option of suing for the recovery of them in a court of
justice, at any time within hve years from the date of such conveyances ;
and the parties so prosecuting were declared entitled to have the convey-
ances annulled, and to regain possession of the property, on repaying to
the purchasing aumil or his heirs the purchase-money, with simple
interest.
XVI. TAVsA The adjustment of the disputed claims to lands formed one
of the principal difficulties which occurred in the progress of the settle-
ment. In many instances, contests existed between the putteedars or
sharers in the same village, as to their respective proportions, or between
claimants of different families to the same villages. In all these cases, it
was observed as a general rule to confirm or admit those zemindars, who
were either in the actual occupancy, or who had at any time been known
to have had possession since the final transfer of Benares to the Company
in 1775 (the zemindars dispossessed before which period, the Governor-
General in Council, on the 11th April, 1788, determined should not be
restored in compliance with the objections which the rajah then entertained
to their restoration, but which he subsequently relinquished,,, as stated in
Section XII.) ; leaving those who might think themselves entitled to
reinstatement under this rule, to seek redress in the Moolky Adawlut.
But as it became necessary, during the progress of the settlement, to pass
orders in a summary way on disputes of this nature, it was explained to all
parties, that the new pottahs were meant only to fix the rental, and in no-
wise to constitute a bar to the recovery of any proprietary right in land,
for which suits might be instituted, in the court of justice above mentioned
in the same manner as if no such pottahs had been granted. Instructions
to this effect were issued to the judge of the court, and separate engage-
ments were taken from all the present pottah-holders, whether zemindars
or farmers, binding them to a ready attendance on, and submissson to, the
judicial authority of the said court and the Court of Appeal, in respect to
all such causes ; and the aumils were prohibited from making alterations
in the pottahs, excepting in conformity to judgments passed in both or
either of those courts. The settlement thus concluded, consisting of
engagements with zemindars for about eight-twelfths of the whole country,
of leases to farmers for about three-twelfths, whilst the remaining twelfth
continued amauny, in consequence of there being found for the places
included in the last-mentioned portion, neither zemindars nor farmers, so
that the aumils collected the public dues immediately from the ryots.