DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0338
280
REGULATION II,
[A.D. 1795,
Practice in respect
to the stipulations in
sale of the lands of
defaulting proprietors.
Regulations in re-
spect to the future pe-
riodical ascertainment
Aumeens deputed to
mohals under the rajah and the rest of the country at large, consists in it
not being merely optional with the pottahdars to separate from him under
the publication above specified in this section. As to the administration
of justice in these aumildarry mohals under the rajah, the jurisdiction of
the Courts of Judicature extends over them in common with the country
at large, and consequently they do not form a part of the rajah's neej or
family lands, the administration of justice in which is provided for by
Regulation XV. 1795.
XXV. For determining questions concerning lands between putteedars
or brethren, and partners, inheriting and being, or pretending to be,
entitled to joint or distinct proportions of one zemindarry, it has been
observed as a general rule since the conclusion of the permanent settle-
ment, to consider as superior, and immediately responsible to Government,
the person or persons amongst such putteedars, in wdiose name or names
the Government's pottah has been made out, and to continue the other
putteedars or partners in such situation as thev shall have stood in since
the Fussily year 1197, leaving them, if dissatisfied with such order, to
prosecute in the Adawlut for any further claims.
XXVI. The right of Government to dispose of landed property at public
sale for the recovery of balances of revenue is established by the tenour
of the engagements of the zemindars, as noticed in Clause Second, Sec-
tion XIV.; but in consideration of the local usages in that respect in the
province of Benares, no such sales have hitherto taken place.
XXVII. At the period of the settlement concluded in 1197 Fussily,
the aumils pledged themselves in writing, and on the faith of their reli-
gion, to collect only according to the jumma specified in the pottahs issued
to the talookdars and village zemindars and farmers, and to pay in the
whole amount thereof to Government, after deducting the dehyek and
half-bhuray. But there then were, and have since remained, several spots
of ground and mozahs or villages, of which no fixed settlement having been
made, the collection of the amount of thetushkhees or ascertained funds
which the canongoes estimated to be realizable therefrom was entrusted to
the aumils. These funds had, of course, varied during the period that had
elapsed since the conclusion of the settlement; and several of the aumils,
on the expiration of their five years' leases at the close of the year 1.200,
claimed and received deductions from Government for alleged deficiencies
in the funds of those amauny villages; whilst, on the other hand, where
the actual had exceeded the estimated receipts, it was presumable
that the aumils or their officers had appropriated the surplus. From
these considerations, and as the funds in the amauny or kham villages
appertained altogether to Government (the aumils being entitled only to
their dehyek and bhuray), the resident, on the 12th of January, 1795,
published an order, that from the beginning of the Fussily year 1202, the
tushkhees of the amauny or kham or cutcha villages,in every pergunnah, was
to be ascertained by aumeens, or other persons empowered for that purpose,
on the part of Government, and that the amount of the funds, after deduct-
ing the dehyek and bhuray, was to be paid by the aumils to Government.
Aumeens were accordingly deputed on the above-mentioned date to
(1/89-90.)
(1789-90.)
(Sept. 1793.)
(Sept. 1794.
REGULATION II,
[A.D. 1795,
Practice in respect
to the stipulations in
sale of the lands of
defaulting proprietors.
Regulations in re-
spect to the future pe-
riodical ascertainment
Aumeens deputed to
mohals under the rajah and the rest of the country at large, consists in it
not being merely optional with the pottahdars to separate from him under
the publication above specified in this section. As to the administration
of justice in these aumildarry mohals under the rajah, the jurisdiction of
the Courts of Judicature extends over them in common with the country
at large, and consequently they do not form a part of the rajah's neej or
family lands, the administration of justice in which is provided for by
Regulation XV. 1795.
XXV. For determining questions concerning lands between putteedars
or brethren, and partners, inheriting and being, or pretending to be,
entitled to joint or distinct proportions of one zemindarry, it has been
observed as a general rule since the conclusion of the permanent settle-
ment, to consider as superior, and immediately responsible to Government,
the person or persons amongst such putteedars, in wdiose name or names
the Government's pottah has been made out, and to continue the other
putteedars or partners in such situation as thev shall have stood in since
the Fussily year 1197, leaving them, if dissatisfied with such order, to
prosecute in the Adawlut for any further claims.
XXVI. The right of Government to dispose of landed property at public
sale for the recovery of balances of revenue is established by the tenour
of the engagements of the zemindars, as noticed in Clause Second, Sec-
tion XIV.; but in consideration of the local usages in that respect in the
province of Benares, no such sales have hitherto taken place.
XXVII. At the period of the settlement concluded in 1197 Fussily,
the aumils pledged themselves in writing, and on the faith of their reli-
gion, to collect only according to the jumma specified in the pottahs issued
to the talookdars and village zemindars and farmers, and to pay in the
whole amount thereof to Government, after deducting the dehyek and
half-bhuray. But there then were, and have since remained, several spots
of ground and mozahs or villages, of which no fixed settlement having been
made, the collection of the amount of thetushkhees or ascertained funds
which the canongoes estimated to be realizable therefrom was entrusted to
the aumils. These funds had, of course, varied during the period that had
elapsed since the conclusion of the settlement; and several of the aumils,
on the expiration of their five years' leases at the close of the year 1.200,
claimed and received deductions from Government for alleged deficiencies
in the funds of those amauny villages; whilst, on the other hand, where
the actual had exceeded the estimated receipts, it was presumable
that the aumils or their officers had appropriated the surplus. From
these considerations, and as the funds in the amauny or kham villages
appertained altogether to Government (the aumils being entitled only to
their dehyek and bhuray), the resident, on the 12th of January, 1795,
published an order, that from the beginning of the Fussily year 1202, the
tushkhees of the amauny or kham or cutcha villages,in every pergunnah, was
to be ascertained by aumeens, or other persons empowered for that purpose,
on the part of Government, and that the amount of the funds, after deduct-
ing the dehyek and bhuray, was to be paid by the aumils to Government.
Aumeens were accordingly deputed on the above-mentioned date to
(1/89-90.)
(1789-90.)
(Sept. 1793.)
(Sept. 1794.