410

REGULATION XLII.

[A.D. 1795.


the 1st of July, 1775,
thority.
to refer to the
Governor-General in

ceeded to life grants on the demise of the original grantee or former
possessor, without the sanction of Government. The Governor-General in
Council deems it incumbent on him to resume the public dues from lands
held under invalid tenures, as well as the revenue of all lands the grants for
which may expire ; but at the same time that he is desirous of recovering
the public dues from lands held under invalid tenures, he is equally
solicitous that persons holding lands under grants that are declared valid
should be secured in the quiet possession and enjoyment of them. With
this view, and to obviate all injustice or extortion in the inquiry into the
titles of persons possessing lands under such grants, he has resolved that all
claims of the public for the resumption of such grants (provided the
grantees, or persons in possession, register their grants as required in this
Regulation) shall be tried in the Courts of Judicature, that no such grants
may be resumed until the title of the grantee or present possessor shall
have been adjudged invalid by a final judicial decree. Upon the above
grounds, and with a view to facilitate the resumption of invalid grants, as
well as to prevent any grants being hereafter made without the authority
of Government; and further, that Government and its officers may at all
times have in their possession a correct register of the lands held exempt
from the payment of revenue under badshahee grants, the following rules
have been enacted.
II. The term badshahee grant is to be construed to extend to all
grants made by the supreme power for the time being, and consequently xiv. 1825.
to include grants of the following descriptions: 1st, royal grants, properly
so called ; 2ndly, grants made by the Soubahdars of Oude; and 3rdly, grants
made by the authority of the British Government.
Altumgah, jagliire, ayma, muddud maash, or other badshahee
grants, for holding land exempt from the payment of revenue, made previous
to the 1st of July, 1775, the date of the cession of the province of Benares
to the Company, shall be deemed valid, provided the grantee actually and
bona fide obtained possession of the land so granted previous to that date,
and the grant shall not have been subsequently resumed by the officers or
the orders of Government. If it shall be proved M Mg q/* Mg
eoaoM that the grantee did not obtain possession of the land so granted
previous to the 1st July, 1775, and that it has not been since confirmed
to him by the authority of the Governor-General in Council, or that he
did obtain possession of it prior to that date, but that it has been since
resumed by the officers or the orders of Government, the grant shall not
be deemed valid.
In the event, however, of a claim being preferred by any per-
son to hold land exempt from the payment of revenue under a bad-
shahee grant made previous to the 1st July, 1775, and on it being proved,
M Mu q/ Mu go^rf M zuAMA Mu M Mg
M^M^zgg, or M M ?7zq?/ & %ppg%Jgy, that the grantee held the land
exempt from the payment of revenue previous to that date, but that it
was subjected to the payment of revenue posterior thereto by an officer of
Government, and the court shall entertain doubts as to the competency of
such officer, under the powers vested in him, to resume the grant, and
subject the lands to the payment of revenue, the court shall suspend its
judgment, and report the circumstances to the Governor-General in