DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0568
510
REGULATION VII.
[A.D. 1799.
Persons confined un-
der the fifth clause of
preceding section may
DewannyAdawlut.
Judgment tobe pass-
ed if the arrear denied
by them be found not
due.
afterwards found not
due.
XVI. Persons confined under tlie fifth clause of the preceding section,
and desirous of bringing the demand upon them to a regular judicial
investigation and decision in the Dewanny Adawlut, are at liberty to
institute a suit against the landholder or farmer, at whose instance they
may have been confined, for this purpose; and should the amount denied
by them be found upon trial not to have been due, they shall receive a
judgment for full costs and damages against the party by whom it may
have been claimed. They shall aiso be entitled to a similar judgment,
with interest at the rate of one per cent, per mensem, upon the amount
paid by them, and found not to have been justly due from them, if they
shall discharge the demand upon them with a view to obtain their release
from arrest, or from subsequent confinement, under the preceding section,
and shall afterwards, on a suit in the Dewanny Adawlut for recovery of
the amount so paid, establish that it was not due from them at the time
of the demand.
XVII. Proprietors and farmers of land, whose claims to arrears of rent
may be also sued for in may be rejected by the y*777fy6 on the summary inquiry directed in
the D^anny Adawlut. gg^tion XV. of this Regulation, are also at liberty to institute a regular
Judgmenttobegiven suit in the Dewanny Adawlut for the recovery thereof; and if, on trial,
if such claims beesta- , . A. ... .. . ^ , .
biished on the regular the amount claimed by them sha!l be found to have been due when the
summary judgment was given against them in the first instance, they shall
be entitled to receive back any sums paid by them for costs or damages
under such judgment, and to a decree from the Zillah Court for the arrears
of rent due to them, with interest at the rate of one per cent, per mensem,
and full costs incurred by them, as well on the summary inquiry as on the
regular suit.
XVIII. [No appeals from summary decisions—stamps to be used.]—
?y/ /U. 77776? U/7. j??67/77<?f7%707z UZ77. 1831.
sections applicable to XIX. The rules in the whole of the preceding sections for the recovery
disqualified landhoid- of arrears of rent due to proprietors and farmers of land, are to be con-
vided estates^as^n^' sidered equally applicable to the managers of the estates of disqualified
to the ofBcers of Go- landholders and of joint undivided estates, as well as to collectors or other
vemment holding lands pppbhc officers holding lands in attachment for the purpose of adfusting
m attachmentor under V ° ^ J ^ °
akhas collection. the public assessment on them, or for any other purpose, or making a^khas
collection on the part of Government, where no settlement has been
made with any proprietor or farmer; and the authorized agents of such
managers, collectors, or other public officers, provided they be so com-
.missioned and instructed, are to exercise the same authority as is vested
in the agents of proprietors and farmers of land by Section II. of this
Regulation.
The foregoing pro- XX. 7% 7A %0 & 77777f67'^%77777f, %/777% 777A77%6667'i0077767'3' 77776? 6?77%76^ 777'6
be'also"in force in'the 777, 77776? 7*6^7777*66? ^7*77777, %/76 37??77A /p/ 777 7 7/ j7777'% 7)/ 2t%6y77'6C66?7727/
cities of Dacca, Moor- ^gc%7P773* o/* 2^73 jKq7/77<?77?77777 , 777*6 77767777% %77 2^6 6^7777 J/y 776^%66? 777, 77777^ 7*6^7777*66?
shedabad, and Patna, y/ %^6 C7%76-$ 77/^776677, A/<9P7'^A66?77?'777f, 77776? Z^77%77 77 ; and the
whole of the foregoing provisions to be in force throughout these cities as
as&^s^ppiicab^ ^i thr ^ the same may be applicable. The provisions in Section XV. as far
See Secs, xiv
to xx. Reg. V
1812, and Sec
viii. Reg. VIII
1831.
See Sec. vi
Reg.VflI.1831
REGULATION VII.
[A.D. 1799.
Persons confined un-
der the fifth clause of
preceding section may
DewannyAdawlut.
Judgment tobe pass-
ed if the arrear denied
by them be found not
due.
afterwards found not
due.
XVI. Persons confined under tlie fifth clause of the preceding section,
and desirous of bringing the demand upon them to a regular judicial
investigation and decision in the Dewanny Adawlut, are at liberty to
institute a suit against the landholder or farmer, at whose instance they
may have been confined, for this purpose; and should the amount denied
by them be found upon trial not to have been due, they shall receive a
judgment for full costs and damages against the party by whom it may
have been claimed. They shall aiso be entitled to a similar judgment,
with interest at the rate of one per cent, per mensem, upon the amount
paid by them, and found not to have been justly due from them, if they
shall discharge the demand upon them with a view to obtain their release
from arrest, or from subsequent confinement, under the preceding section,
and shall afterwards, on a suit in the Dewanny Adawlut for recovery of
the amount so paid, establish that it was not due from them at the time
of the demand.
XVII. Proprietors and farmers of land, whose claims to arrears of rent
may be also sued for in may be rejected by the y*777fy6 on the summary inquiry directed in
the D^anny Adawlut. gg^tion XV. of this Regulation, are also at liberty to institute a regular
Judgmenttobegiven suit in the Dewanny Adawlut for the recovery thereof; and if, on trial,
if such claims beesta- , . A. ... .. . ^ , .
biished on the regular the amount claimed by them sha!l be found to have been due when the
summary judgment was given against them in the first instance, they shall
be entitled to receive back any sums paid by them for costs or damages
under such judgment, and to a decree from the Zillah Court for the arrears
of rent due to them, with interest at the rate of one per cent, per mensem,
and full costs incurred by them, as well on the summary inquiry as on the
regular suit.
XVIII. [No appeals from summary decisions—stamps to be used.]—
?y/ /U. 77776? U/7. j??67/77<?f7%707z UZ77. 1831.
sections applicable to XIX. The rules in the whole of the preceding sections for the recovery
disqualified landhoid- of arrears of rent due to proprietors and farmers of land, are to be con-
vided estates^as^n^' sidered equally applicable to the managers of the estates of disqualified
to the ofBcers of Go- landholders and of joint undivided estates, as well as to collectors or other
vemment holding lands pppbhc officers holding lands in attachment for the purpose of adfusting
m attachmentor under V ° ^ J ^ °
akhas collection. the public assessment on them, or for any other purpose, or making a^khas
collection on the part of Government, where no settlement has been
made with any proprietor or farmer; and the authorized agents of such
managers, collectors, or other public officers, provided they be so com-
.missioned and instructed, are to exercise the same authority as is vested
in the agents of proprietors and farmers of land by Section II. of this
Regulation.
The foregoing pro- XX. 7% 7A %0 & 77777f67'^%77777f, %/777% 777A77%6667'i0077767'3' 77776? 6?77%76^ 777'6
be'also"in force in'the 777, 77776? 7*6^7777*66? ^7*77777, %/76 37??77A /p/ 777 7 7/ j7777'% 7)/ 2t%6y77'6C66?7727/
cities of Dacca, Moor- ^gc%7P773* o/* 2^73 jKq7/77<?77?77777 , 777*6 77767777% %77 2^6 6^7777 J/y 776^%66? 777, 77777^ 7*6^7777*66?
shedabad, and Patna, y/ %^6 C7%76-$ 77/^776677, A/<9P7'^A66?77?'777f, 77776? Z^77%77 77 ; and the
whole of the foregoing provisions to be in force throughout these cities as
as&^s^ppiicab^ ^i thr ^ the same may be applicable. The provisions in Section XV. as far
See Secs, xiv
to xx. Reg. V
1812, and Sec
viii. Reg. VIII
1831.
See Sec. vi
Reg.VflI.1831