DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0419
A.D. 1795.]
REGULATION XXII.
361
shall prove that, at any time within the period limited for rendering such
cases cognizable under Clause Second, Section XV. he in anywise con-
tested the right with the party in possession, it is to be considered suffi-
cient to render his suit cognizable in the Adawlut.
The recovery, within the period referred to in the last clause,
of any part of a loan made previous thereto, is in like manner to entitle
the creditor to prosecute for the residue of the debt, as in the cases speci-
fied in Section XII.
The allegation of any dispossessed landholder, of his having-
received from the party in possession of the lands claimed by him, some
consideration in money, or ground, as malikanah, is not to be held suffi-
cient to entitle such party or parties to prosecute for reinstatement, if he
or they shall not have had possession and paid the revenue for one com-
plete year, within the period limited for the general restoration of land-
holders in Section XV.
In the event of a widow, previous to the term limited under
Section XV. having been left by the heirs of her late husband in the
enjoyment of his estate for the period of her own life, the circumstance of
such arrangement having thus taken place antecedently to the period for
rendering causes actionable is not to be a bar to the husband's relations
prosecuting those of the widow to recover from them her husband's estate,
as the cause of action was to be considered to have arisen from the date
of such widow's demise.
XXXVI. On the 2nd of July, 1791, the following further clauses
were added to the rules specified in Sections X. and XI. for appealing
from the decisions of the several courts.
Appeals are to be dismissed, if the russoom, and the security
required from the parties presenting them, be not delivered in within ten
days after the presenting the petition of appeal.
Appellants neglecting to proceed with their appeals during
fourteen days, or departing from the court without leave, shall be liable to
have their appeals dismissed, as specified -in Clause Second, Section X.
XXXVII. In a prosecution instituted on behalf of the parties inte-
rested in a bill of sale for land conveyed to the party in possession, under
circumstances from which the prosecutors argued the invalidity of such deed
of conveyance, the judge of the Modify Dewanny Adawlut passed a decree
dismissing the suit, under the rules in Clause Third, Section XV.; it was
signified to him by the resident, on the 17th of July, 1791, that the rules
in question, as far as regarded landed property, having been enacted to
regulate the admission or rejection of claims to zemindarry rights that had
been resumed by the preceding native Government, and not having in view
the claims of landholders or of individuals against each other, on pleas
such as the present, of compulsive bills of sale, he was therefore desired to
resume the hearing of this cause, and to try it on its merits, and of course
all other causes in a similar predicament.
XXXVIII. To enable the resident to ascertain whether there were any
suits, the circumstances of which, on principles of equity, might entitle the
parties to have them referred for trial under the discretionary power vested
3 A
ed as a saving claim in
respect to houses,
and in respect to claims
of debt.
The receipt of any
consideration in money
or malikanah, within
the period of limitation
prescribed in Sec. xv.,
not to entitle a claim-
ant to reinstatement in
the land.
Contingencies pro -
vided for anterior to,
hut occurring after the
period of limitation for
reinstatement, to be
construed in favour of
the claim.
Additional rule in
respect to the process
Rule in respect to
cases founded on com-
pulsive or irregular
bills of sale passed since
the Company's acqui-
in 1182, Fussily.
Causes dismissed to
be reported.
REGULATION XXII.
361
shall prove that, at any time within the period limited for rendering such
cases cognizable under Clause Second, Section XV. he in anywise con-
tested the right with the party in possession, it is to be considered suffi-
cient to render his suit cognizable in the Adawlut.
The recovery, within the period referred to in the last clause,
of any part of a loan made previous thereto, is in like manner to entitle
the creditor to prosecute for the residue of the debt, as in the cases speci-
fied in Section XII.
The allegation of any dispossessed landholder, of his having-
received from the party in possession of the lands claimed by him, some
consideration in money, or ground, as malikanah, is not to be held suffi-
cient to entitle such party or parties to prosecute for reinstatement, if he
or they shall not have had possession and paid the revenue for one com-
plete year, within the period limited for the general restoration of land-
holders in Section XV.
In the event of a widow, previous to the term limited under
Section XV. having been left by the heirs of her late husband in the
enjoyment of his estate for the period of her own life, the circumstance of
such arrangement having thus taken place antecedently to the period for
rendering causes actionable is not to be a bar to the husband's relations
prosecuting those of the widow to recover from them her husband's estate,
as the cause of action was to be considered to have arisen from the date
of such widow's demise.
XXXVI. On the 2nd of July, 1791, the following further clauses
were added to the rules specified in Sections X. and XI. for appealing
from the decisions of the several courts.
Appeals are to be dismissed, if the russoom, and the security
required from the parties presenting them, be not delivered in within ten
days after the presenting the petition of appeal.
Appellants neglecting to proceed with their appeals during
fourteen days, or departing from the court without leave, shall be liable to
have their appeals dismissed, as specified -in Clause Second, Section X.
XXXVII. In a prosecution instituted on behalf of the parties inte-
rested in a bill of sale for land conveyed to the party in possession, under
circumstances from which the prosecutors argued the invalidity of such deed
of conveyance, the judge of the Modify Dewanny Adawlut passed a decree
dismissing the suit, under the rules in Clause Third, Section XV.; it was
signified to him by the resident, on the 17th of July, 1791, that the rules
in question, as far as regarded landed property, having been enacted to
regulate the admission or rejection of claims to zemindarry rights that had
been resumed by the preceding native Government, and not having in view
the claims of landholders or of individuals against each other, on pleas
such as the present, of compulsive bills of sale, he was therefore desired to
resume the hearing of this cause, and to try it on its merits, and of course
all other causes in a similar predicament.
XXXVIII. To enable the resident to ascertain whether there were any
suits, the circumstances of which, on principles of equity, might entitle the
parties to have them referred for trial under the discretionary power vested
3 A
ed as a saving claim in
respect to houses,
and in respect to claims
of debt.
The receipt of any
consideration in money
or malikanah, within
the period of limitation
prescribed in Sec. xv.,
not to entitle a claim-
ant to reinstatement in
the land.
Contingencies pro -
vided for anterior to,
hut occurring after the
period of limitation for
reinstatement, to be
construed in favour of
the claim.
Additional rule in
respect to the process
Rule in respect to
cases founded on com-
pulsive or irregular
bills of sale passed since
the Company's acqui-
in 1182, Fussily.
Causes dismissed to
be reported.