DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0566
508
REGULATION VII.
[A.D. 1799.
soil and other inferior
tenantry in such cases.
Attachment to be
withdrawnonpayment
of the arrear due, with
interest, at any time
within the currentyear;
and a fair account ren-
dered of all receipts
and disbursements.
What further mea-
sures may be taken by
the landholders and far-
mers for the security
of their future rents, if
the arrears due to them
Defaulting under-
farmers, whose leases
cation to the Dewawwy
Or if the defaulting
tenant have a right of
Proprietors and far-
mers of land at liberty
to exercise their just
the cow?# o/'y'MN^zce.
But willbe held re-
sponsible for all acts
done by them or their
the rights of their un-
der-tenants of what-
ever description.
This Regulation not
intended to deline or
limit the rights of any
description of landhold-
ers or tenants, but
merely to point out in
soil, and other descriptions of inferior tenantry, whose rents for the current
year may have been payable to the defaulter, than the defaulter himself
would have been entitled to receive from them if the attachment had not
taken place (cases of collusion and illegality under the Regulations
excepted); and in the event of the defaulter making good the arrear due
from him, with interest at the rate of one per cent, per mensem, at any
time within the current year, the attachment shall be immediately with-
drawn, and a full and fair account rendered to him of all receipts and
disbursements during the continuance of it.
If the arrear be not liquidated within the current Bengal,
Fussily, or Willaity year (according as the place may be situated in the
province of Bengal, Behar, or Orissa), either by the payments of the
defaulter or his surety, or by the attachment of his tenure, the zemindar
or other proprietor of the land, or the farmer in whose farm the defaulters
tenure may be included (if such farmer s lease extend beyond the current
year), is at liberty, at the commencement of the ensuing year, to make
such provision for the future receipt of the rents payable to him from the
land tenanted by the defaulter as he may judge proper, and may be con-
sistent with the rights of all other persons concerned. If the defaulter
be an under-farmer for the past year only, or whose lease may have expired
with the past year, he can, of course, have no claim to any further lease;
and although his lease may not have expired, if he shall have neglected to
fulfil the conditions of it by the payment of his stipulated rent, it must be
considered liable to be annulled, or otherwise, at the option of the lessor.
If the defaulter be a dependent talookdar, or the bolder of any other
tenure which, by the title deeds or established usage of the country, is
transferable by sale or otherwise, it may be brought to sale, by application
to the A in satisfaction of the arrear of rent, and the
purchaser will become the tenant for the new year; or if the defaulter be
a leaseholder or other tenant, having a right of occupancy only so long as
a certain rent, or a rent determinable on certain principles according to
local rates and usages, be paid, without any right of property or transferable
possession, the proprietor of whom such tenure is held, or the farmer or
other person to whom such proprietor may have leased or committed his
rights, must be understood to have the right of ousting the defaulting
tenant from the tenure he has forfeited by a breach of the conditions of it.
In such cases (viz. in the several cases enumerated in this clause, under
the stated exception when a sale of landed property may be desired)., pro-
prietors and farmers of land are at liberty to exercise the just powers
appertaining to them, without any previous application to the o/*
yAsAce; but they will be held responsible for all acts done by them or by
their agents, which may exceed theirjust powers, and infringe the rights of
under-tenants of whatever description, whether founded on pottahs or other
written deeds and engagements, or on long prescription and established
local usage. This Regulation is not meant to define or limit the actual
rights of any description of landholders or tenants, which can be properly
ascertained and determined by judicial investigation only, but merely to
point out in what manner defaulting tenants may be proceeded against in
the event of their not paying the rents, justly due from them, leaving
them to recover their rights, if infringed, with full costs and damages, in
the established courts of justice, under the provisions already stated in this
See Cl. 4,
VHL^'lgl?;
Sec. xvi. Reg.
VII.1832, and
Act VIII. 1835.
REGULATION VII.
[A.D. 1799.
soil and other inferior
tenantry in such cases.
Attachment to be
withdrawnonpayment
of the arrear due, with
interest, at any time
within the currentyear;
and a fair account ren-
dered of all receipts
and disbursements.
What further mea-
sures may be taken by
the landholders and far-
mers for the security
of their future rents, if
the arrears due to them
Defaulting under-
farmers, whose leases
cation to the Dewawwy
Or if the defaulting
tenant have a right of
Proprietors and far-
mers of land at liberty
to exercise their just
the cow?# o/'y'MN^zce.
But willbe held re-
sponsible for all acts
done by them or their
the rights of their un-
der-tenants of what-
ever description.
This Regulation not
intended to deline or
limit the rights of any
description of landhold-
ers or tenants, but
merely to point out in
soil, and other descriptions of inferior tenantry, whose rents for the current
year may have been payable to the defaulter, than the defaulter himself
would have been entitled to receive from them if the attachment had not
taken place (cases of collusion and illegality under the Regulations
excepted); and in the event of the defaulter making good the arrear due
from him, with interest at the rate of one per cent, per mensem, at any
time within the current year, the attachment shall be immediately with-
drawn, and a full and fair account rendered to him of all receipts and
disbursements during the continuance of it.
If the arrear be not liquidated within the current Bengal,
Fussily, or Willaity year (according as the place may be situated in the
province of Bengal, Behar, or Orissa), either by the payments of the
defaulter or his surety, or by the attachment of his tenure, the zemindar
or other proprietor of the land, or the farmer in whose farm the defaulters
tenure may be included (if such farmer s lease extend beyond the current
year), is at liberty, at the commencement of the ensuing year, to make
such provision for the future receipt of the rents payable to him from the
land tenanted by the defaulter as he may judge proper, and may be con-
sistent with the rights of all other persons concerned. If the defaulter
be an under-farmer for the past year only, or whose lease may have expired
with the past year, he can, of course, have no claim to any further lease;
and although his lease may not have expired, if he shall have neglected to
fulfil the conditions of it by the payment of his stipulated rent, it must be
considered liable to be annulled, or otherwise, at the option of the lessor.
If the defaulter be a dependent talookdar, or the bolder of any other
tenure which, by the title deeds or established usage of the country, is
transferable by sale or otherwise, it may be brought to sale, by application
to the A in satisfaction of the arrear of rent, and the
purchaser will become the tenant for the new year; or if the defaulter be
a leaseholder or other tenant, having a right of occupancy only so long as
a certain rent, or a rent determinable on certain principles according to
local rates and usages, be paid, without any right of property or transferable
possession, the proprietor of whom such tenure is held, or the farmer or
other person to whom such proprietor may have leased or committed his
rights, must be understood to have the right of ousting the defaulting
tenant from the tenure he has forfeited by a breach of the conditions of it.
In such cases (viz. in the several cases enumerated in this clause, under
the stated exception when a sale of landed property may be desired)., pro-
prietors and farmers of land are at liberty to exercise the just powers
appertaining to them, without any previous application to the o/*
yAsAce; but they will be held responsible for all acts done by them or by
their agents, which may exceed theirjust powers, and infringe the rights of
under-tenants of whatever description, whether founded on pottahs or other
written deeds and engagements, or on long prescription and established
local usage. This Regulation is not meant to define or limit the actual
rights of any description of landholders or tenants, which can be properly
ascertained and determined by judicial investigation only, but merely to
point out in what manner defaulting tenants may be proceeded against in
the event of their not paying the rents, justly due from them, leaving
them to recover their rights, if infringed, with full costs and damages, in
the established courts of justice, under the provisions already stated in this
See Cl. 4,
VHL^'lgl?;
Sec. xvi. Reg.
VII.1832, and
Act VIII. 1835.