DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0184
174
REGULATION IX.
[A.D. 1811.
VII. Whenever all the occupant putteedars of a joint undivided estate
shall desire such an allotment, but may not agree among themselves in
regard to their respective proportions of the jumma so to be allotted, the
collector, on receipt of an application to that effect under the seals or
signatures of the whole of such putteedars, and after satisfying himself of
the voluntary concurrence of all the subscribing parties, shall proceed to
allot the proportional jumma of each respective share, by causing an actual
and exact measurement to be made of the entire estate and of each share,
by an aumeen to be deputed for the purpose, or by the tehseeldar, canon-
goes, and mirdahs of the pergunnah; and the expense of such measure-
ment shall be defrayed by all the putteedars in the proportion of their
respective interests.
Rules as to the con- VIII. TheBoard of shall instruct the collectors, from
uctot such allotment. to time, as to the mode by which the duties directed in the preceding
sections may be best conducted; and all divisions and allotments made
under these rules shall be recorded in the canongoe's office, and attested
by the parties and by the local mofussil officers, in the same manner as is
directed by Section III. in regard to the measurement of distinct villages.
It is moreover to be understood, that all the provisions of the existing
Regulations in regard to aumeens deputed by a collector shall be held
applicable to aumeens deputed under Sections II. V. and VII. of the
present Regulation.
Rules in the case of
such putteedars desir-
not agreeing as to their
respective proportions.
No division or allot-
ment to be valid until
sanctioned by the Board
the assessment within
ten years in certain
cases.
IX. No division of a share in an estate or allotment of jumma therein
shall be considered valid, until expressly sanctioned by the Board of Gcwz-
; and the Governor-General in Council reserves to himself the
power of revising the assessments made under Sections II. V. VI. and
VII. at any time within the period of ten years after the making thereof,
on proof to his satisfaction of fraud, collusion, or gross error.
Ruiesincasesofper- X. Any person claiming to be a putteedar or joint sharer in an estate,
cbimb^to be pmtee- not having actual possession of any specific portion thereof shall be at
<iars. liberty to prefer his claim before the collector, who will thereupon serve
on the party or parties who have engaged for the estate in proprietary
right, a written notice setting forth the claim and calling upon such party
or parties for an admission or denial of the claim ; and if the said party or
parties admit, by a writing authenticated by his or their seal or signature
and attested by the canongoes, the right of the claimant to a specific por-
tion of the estate, it shall be competent to the collector to give the
claimant possession of such specific portion, and to proceed to a separate
allotment of the jumma of such portion, under the provisions of Sec-
tion II. or V. of this Regulation, according as such portion may consist
either of one or more distinct village or villages, or of a defined share in
the entire estate.
Rules in the event XI. In the event of the claim being denied, or the specific interest of
denie'dordis^mte&f^^ the claimant being disputed, the collector shall recommend to the several
parties to submit the matter in dispute to the arbitration of three or more
of the neighbouring zemindars, assisted by the canongoes of the pergun-
nah ; and on the parties consenting to appoint arbitrators, it shall be com-
See Act XX.
1836.
REGULATION IX.
[A.D. 1811.
VII. Whenever all the occupant putteedars of a joint undivided estate
shall desire such an allotment, but may not agree among themselves in
regard to their respective proportions of the jumma so to be allotted, the
collector, on receipt of an application to that effect under the seals or
signatures of the whole of such putteedars, and after satisfying himself of
the voluntary concurrence of all the subscribing parties, shall proceed to
allot the proportional jumma of each respective share, by causing an actual
and exact measurement to be made of the entire estate and of each share,
by an aumeen to be deputed for the purpose, or by the tehseeldar, canon-
goes, and mirdahs of the pergunnah; and the expense of such measure-
ment shall be defrayed by all the putteedars in the proportion of their
respective interests.
Rules as to the con- VIII. TheBoard of shall instruct the collectors, from
uctot such allotment. to time, as to the mode by which the duties directed in the preceding
sections may be best conducted; and all divisions and allotments made
under these rules shall be recorded in the canongoe's office, and attested
by the parties and by the local mofussil officers, in the same manner as is
directed by Section III. in regard to the measurement of distinct villages.
It is moreover to be understood, that all the provisions of the existing
Regulations in regard to aumeens deputed by a collector shall be held
applicable to aumeens deputed under Sections II. V. and VII. of the
present Regulation.
Rules in the case of
such putteedars desir-
not agreeing as to their
respective proportions.
No division or allot-
ment to be valid until
sanctioned by the Board
the assessment within
ten years in certain
cases.
IX. No division of a share in an estate or allotment of jumma therein
shall be considered valid, until expressly sanctioned by the Board of Gcwz-
; and the Governor-General in Council reserves to himself the
power of revising the assessments made under Sections II. V. VI. and
VII. at any time within the period of ten years after the making thereof,
on proof to his satisfaction of fraud, collusion, or gross error.
Ruiesincasesofper- X. Any person claiming to be a putteedar or joint sharer in an estate,
cbimb^to be pmtee- not having actual possession of any specific portion thereof shall be at
<iars. liberty to prefer his claim before the collector, who will thereupon serve
on the party or parties who have engaged for the estate in proprietary
right, a written notice setting forth the claim and calling upon such party
or parties for an admission or denial of the claim ; and if the said party or
parties admit, by a writing authenticated by his or their seal or signature
and attested by the canongoes, the right of the claimant to a specific por-
tion of the estate, it shall be competent to the collector to give the
claimant possession of such specific portion, and to proceed to a separate
allotment of the jumma of such portion, under the provisions of Sec-
tion II. or V. of this Regulation, according as such portion may consist
either of one or more distinct village or villages, or of a defined share in
the entire estate.
Rules in the event XI. In the event of the claim being denied, or the specific interest of
denie'dordis^mte&f^^ the claimant being disputed, the collector shall recommend to the several
parties to submit the matter in dispute to the arbitration of three or more
of the neighbouring zemindars, assisted by the canongoes of the pergun-
nah ; and on the parties consenting to appoint arbitrators, it shall be com-
See Act XX.
1836.