DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0711
A.D. 1803.]
REGULATION XXVII.
653
XVI. Wr.sl. [&Z772<? a.y Aec^zhzz X F7. jRqqzzMzlz'ozz FY. 1795, oz/zzf Aqq
" the City Court."]
X^cczzY. Y'Ycz! pzzr^ q/* Me yzrcccYzA^q cMzz.S'C zYzcA czzMcrMc.s' Mcy'zzYq^ q/ ^zzacAM^z^ w.oz zo
Me MbzzY q/YYzzzcMi!, o?z eeezz7'x(y 5eM_q pAczz M/ Mey?MM^ A A^zza c pz'c- a^-M^deMa^etz
ccpz* /bz* AA Yz.scAzzz'qc ylvuzz coYzyzezzze^z^ zzzzY pe^.sozzzz/ ^A'zzM^, ,sAtzA zzozl 5e ^ ^
eozz.sz&7'eY e.s* VAecAzq/ Me zzAzzYzzzczz^ q/* Me pAIzz^Y"5' e^MA c^jMzuzz M 5e ^
zYM Yrzzzczz, zzzzJe&y Me ezu'eaz' q/* z'eeezzzze eMzzzzeY yiczzz Ab/z A/ Me coYecMr oz*
AAieeYzzF^e ptzz'Y; nor shall the distress and sale of any personal pro- Nor distress and sale
perty belonging to the plaintiff be stopped, on account of his having insti- 0^^^
tuted a suit against the collector or tehseeldar, contesting the justice of of suits having beenin-
the demand upon him. Provided, however, that if any proprietor or ^^Jyihon for repay-
farmer of land from whom an arrear of revenue may be demanded, shall, by ment of any overplus
a written representation to the collector, deny the justice of such demand, bushed in the courts of
but to prevent any coercive process being issued against him shall dis- justice.
charge the demand, and shall afterwards establish, by a suit in the Court
of Adawlut, that the amount so paid by him, or any part thereof, was not
justly due, the amount, of the excess so established shall be immediately
repaid from the public treasury, with interest at the rate of twelve per
cent, per annum, from the date on which such excess may have been
received to the date of repayment.
XVII. TCr.C M YVzo'M. [&z?7Z6 zzv 6%zzz.$6.$ W'.C M Mozzz'M, Akcbnzz A' FYA
AAqzzAAozz FY. 1795, ozzzzAzzzq Me zcozY "permanent" zzz Me ^ecozzff Azze q/*
CYazz.s'e YAbY.]
Wz/7/z. [Sales of lands in certain cases.]—Y^czzz&Y YyGAzzz^WA-Y
XecAoyz 7Y. Y?qqzzMAozz AY. 1822.
XVIII. WAY. Where arrears shall be due by farmers near the close of
the year, the recovery of which, either through themselves or their sure-
ties, shall not have been effected by its expiration, the collector, with the
sanction of the Board of Revenue, is to have recourse, in the first instance,
to the person who shall appear to him to have the best claim to the
village or talooka in question, who, on paying up the farmer's balance, or
on giving good security to pay it by instalments in the course of the
ensuing year, shall be reinstated in the estate. This, however, is not
intended to decide the question of right to such estate, as any person who
may consider himself to have a better claim to it than the person whom
the collector shall have put in possession, is at liberty to prefer the same
to the judge of the Zillah Court of Adawlut within whose jurisdiction the
lands shall be situated.
NYcmzY. Where there are not any original proprietors, or where they
shall decline taking upon themselves the balance of the farmer, the
collector shall offer the village or talook to the mocuddums or purdhauns,
and shall conclude the settlement with them for the same, on their agree-
ing to the terms specified in the preceding clause. In instances in which
there are not any original proprietors, or where they shall decline taking
upon themselves the balance of the farmer, and in which the mocuddums
or purdhauns shall also decline to take upon themselves a similar responsi-
bility, the farmer shall be continued, on his stipulating, in such manner as
shall be deemed satisfactory, to pay off his balance with the future revenue ;
or otherwise the farm is to be relet, for such term as Government may
[V/. 1795, .aw:'.]
Such lands to be ten-
dered, in the hrst in-
stance, to the persons
who shall appear to
have the best claim.
Conditions of the
tender.
Investiture in this
way by the collector,
no bar to the legal title
being tried by the Court
of Adawlut.
Where no original
proprietors may appear,
dums or purdhauns.
In failure of either of
the above, the farmer
may be continued on a
satisfactory stipulation;
or, otherwise, the farm
to be let to some other
person;
REGULATION XXVII.
653
XVI. Wr.sl. [&Z772<? a.y Aec^zhzz X F7. jRqqzzMzlz'ozz FY. 1795, oz/zzf Aqq
" the City Court."]
X^cczzY. Y'Ycz! pzzr^ q/* Me yzrcccYzA^q cMzz.S'C zYzcA czzMcrMc.s' Mcy'zzYq^ q/ ^zzacAM^z^ w.oz zo
Me MbzzY q/YYzzzcMi!, o?z eeezz7'x(y 5eM_q pAczz M/ Mey?MM^ A A^zza c pz'c- a^-M^deMa^etz
ccpz* /bz* AA Yz.scAzzz'qc ylvuzz coYzyzezzze^z^ zzzzY pe^.sozzzz/ ^A'zzM^, ,sAtzA zzozl 5e ^ ^
eozz.sz&7'eY e.s* VAecAzq/ Me zzAzzYzzzczz^ q/* Me pAIzz^Y"5' e^MA c^jMzuzz M 5e ^
zYM Yrzzzczz, zzzzJe&y Me ezu'eaz' q/* z'eeezzzze eMzzzzeY yiczzz Ab/z A/ Me coYecMr oz*
AAieeYzzF^e ptzz'Y; nor shall the distress and sale of any personal pro- Nor distress and sale
perty belonging to the plaintiff be stopped, on account of his having insti- 0^^^
tuted a suit against the collector or tehseeldar, contesting the justice of of suits having beenin-
the demand upon him. Provided, however, that if any proprietor or ^^Jyihon for repay-
farmer of land from whom an arrear of revenue may be demanded, shall, by ment of any overplus
a written representation to the collector, deny the justice of such demand, bushed in the courts of
but to prevent any coercive process being issued against him shall dis- justice.
charge the demand, and shall afterwards establish, by a suit in the Court
of Adawlut, that the amount so paid by him, or any part thereof, was not
justly due, the amount, of the excess so established shall be immediately
repaid from the public treasury, with interest at the rate of twelve per
cent, per annum, from the date on which such excess may have been
received to the date of repayment.
XVII. TCr.C M YVzo'M. [&z?7Z6 zzv 6%zzz.$6.$ W'.C M Mozzz'M, Akcbnzz A' FYA
AAqzzAAozz FY. 1795, ozzzzAzzzq Me zcozY "permanent" zzz Me ^ecozzff Azze q/*
CYazz.s'e YAbY.]
Wz/7/z. [Sales of lands in certain cases.]—Y^czzz&Y YyGAzzz^WA-Y
XecAoyz 7Y. Y?qqzzMAozz AY. 1822.
XVIII. WAY. Where arrears shall be due by farmers near the close of
the year, the recovery of which, either through themselves or their sure-
ties, shall not have been effected by its expiration, the collector, with the
sanction of the Board of Revenue, is to have recourse, in the first instance,
to the person who shall appear to him to have the best claim to the
village or talooka in question, who, on paying up the farmer's balance, or
on giving good security to pay it by instalments in the course of the
ensuing year, shall be reinstated in the estate. This, however, is not
intended to decide the question of right to such estate, as any person who
may consider himself to have a better claim to it than the person whom
the collector shall have put in possession, is at liberty to prefer the same
to the judge of the Zillah Court of Adawlut within whose jurisdiction the
lands shall be situated.
NYcmzY. Where there are not any original proprietors, or where they
shall decline taking upon themselves the balance of the farmer, the
collector shall offer the village or talook to the mocuddums or purdhauns,
and shall conclude the settlement with them for the same, on their agree-
ing to the terms specified in the preceding clause. In instances in which
there are not any original proprietors, or where they shall decline taking
upon themselves the balance of the farmer, and in which the mocuddums
or purdhauns shall also decline to take upon themselves a similar responsi-
bility, the farmer shall be continued, on his stipulating, in such manner as
shall be deemed satisfactory, to pay off his balance with the future revenue ;
or otherwise the farm is to be relet, for such term as Government may
[V/. 1795, .aw:'.]
Such lands to be ten-
dered, in the hrst in-
stance, to the persons
who shall appear to
have the best claim.
Conditions of the
tender.
Investiture in this
way by the collector,
no bar to the legal title
being tried by the Court
of Adawlut.
Where no original
proprietors may appear,
dums or purdhauns.
In failure of either of
the above, the farmer
may be continued on a
satisfactory stipulation;
or, otherwise, the farm
to be let to some other
person;