DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0183
A.D. 1811.]
REGULATION IX.
173
XIX. 1814.
leaving the remainder as the jumma of Government. Provided always, that
the quantity of land in actual cultivation at the time of separation be not
less than five-sixths of the land capable of tillage in the said viliage or
villages, and that no objection be offered to the fairness and adequacy of
the assessment on the part of the other sharers in the general estate of
which such village or villages formed a part.
III. The account of the measurement directed in the preceding section
shall exhibit the whole of the actual gross produce of the lands, and shall be
formed under the immediate superintendence of the collector. The original
thereof shall be attested by the proprietor requiring the separation, the
putwary of the village, the mirdah^, canongoes, and tehseeldar of the per-
gunnah. Copies of all such measurements shall be kept in the office of
the canongoes and annually bound in a book, to be attested with the offi-
cial seal and signature of the collector, and then returned to those officers
for deposit among their records.
IV. The measurement directed in Section II. shall be made entirely at
the expense of the party requiring the division ; and the rules laid down in
Regulation [U. 1810,] as far as they regard the mode of payment of per-
sons employed in dividing lands, are to be applied to this case.
V. Any putteedar in the actual possession and occupancy of a defined
share in a joint undivided estate (whether such share be defined by a
specific quantity of land, or a specified fractional part of a rupee or of a
begah), wdio may be desirous of having a separate allotment made of the
proportional jumma to which he would be liable in the proportion of his
interest in the estate, shall be at liberty to prefer to the collector an
application to this effect, and the collector, on receipt thereof, shall proceed
to allot the separate assessment of such share, in the mode prescribed by
Section II. for the allotment of entire villages. Provided, however, that
if the specific interest of the party in the estate shall be disputed by the
other sharers, no separate allotment shall take place until his specific
interest shall have been ascertained by award of arbitration, as provided
in a subsequent part of this Regulation for claimants not in possession, or
by the decree of a Court of Judicature.
VI. Whenever all the occupant putteedars of a joint undivided estate
shall desire or consent to an allotment of the jumma on the shares in
their respective occupancy, and shall deliver to the collector, in writing, a
petition signed by the whole of them, containing a statement of the pro-
portional allotment affixed by themselves on each share, it shall be
competent to the collector, with the approbation of the Board of UTwamTy-
after having satisfied himself by a minute and accurate inquiry,
that the statement in question is the bona fide declaration of the subscrib-
ing parties, that the signatures are voluntary and authentic, and that
Government is not liable to suffer in its interests by the measure, to take
separate engagements for each puttee from the owner thereof, as a distinct
proprietor, at the jumma so fixed by the putteedars conjointly ; and no
non-occupant putteedar shall be entitled afterwards to assent to or dissent
from the allotment.
are to be prepared and
disposed of.
How putteedars pos-
sessing a defined share
Rules in the case of
all the occupant put-
teedars desiring or con-
senting to an allotment
of the jumma on their
respective shares.
REGULATION IX.
173
XIX. 1814.
leaving the remainder as the jumma of Government. Provided always, that
the quantity of land in actual cultivation at the time of separation be not
less than five-sixths of the land capable of tillage in the said viliage or
villages, and that no objection be offered to the fairness and adequacy of
the assessment on the part of the other sharers in the general estate of
which such village or villages formed a part.
III. The account of the measurement directed in the preceding section
shall exhibit the whole of the actual gross produce of the lands, and shall be
formed under the immediate superintendence of the collector. The original
thereof shall be attested by the proprietor requiring the separation, the
putwary of the village, the mirdah^, canongoes, and tehseeldar of the per-
gunnah. Copies of all such measurements shall be kept in the office of
the canongoes and annually bound in a book, to be attested with the offi-
cial seal and signature of the collector, and then returned to those officers
for deposit among their records.
IV. The measurement directed in Section II. shall be made entirely at
the expense of the party requiring the division ; and the rules laid down in
Regulation [U. 1810,] as far as they regard the mode of payment of per-
sons employed in dividing lands, are to be applied to this case.
V. Any putteedar in the actual possession and occupancy of a defined
share in a joint undivided estate (whether such share be defined by a
specific quantity of land, or a specified fractional part of a rupee or of a
begah), wdio may be desirous of having a separate allotment made of the
proportional jumma to which he would be liable in the proportion of his
interest in the estate, shall be at liberty to prefer to the collector an
application to this effect, and the collector, on receipt thereof, shall proceed
to allot the separate assessment of such share, in the mode prescribed by
Section II. for the allotment of entire villages. Provided, however, that
if the specific interest of the party in the estate shall be disputed by the
other sharers, no separate allotment shall take place until his specific
interest shall have been ascertained by award of arbitration, as provided
in a subsequent part of this Regulation for claimants not in possession, or
by the decree of a Court of Judicature.
VI. Whenever all the occupant putteedars of a joint undivided estate
shall desire or consent to an allotment of the jumma on the shares in
their respective occupancy, and shall deliver to the collector, in writing, a
petition signed by the whole of them, containing a statement of the pro-
portional allotment affixed by themselves on each share, it shall be
competent to the collector, with the approbation of the Board of UTwamTy-
after having satisfied himself by a minute and accurate inquiry,
that the statement in question is the bona fide declaration of the subscrib-
ing parties, that the signatures are voluntary and authentic, and that
Government is not liable to suffer in its interests by the measure, to take
separate engagements for each puttee from the owner thereof, as a distinct
proprietor, at the jumma so fixed by the putteedars conjointly ; and no
non-occupant putteedar shall be entitled afterwards to assent to or dissent
from the allotment.
are to be prepared and
disposed of.
How putteedars pos-
sessing a defined share
Rules in the case of
all the occupant put-
teedars desiring or con-
senting to an allotment
of the jumma on their
respective shares.