DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0550
540
REGULATION II.
[A.D.1819.
Parties dissatisAed,
at liberty to appealto
the proper Civil Courts,
within speciAc periods.
If no such appeal be
preferred, the decision
to be Anal.
And to be executed
by the courts.
Proviso.
Aspecial appeal only
to lie from the decision
of the Civil Court.
Declaration that this
Regulation shall not be
considered to affect the
waste lands which were
guaranteed to them at
the permanent settle-
ment.
Nor to warrant the
claim of additional re-
venue from lands per-
manently assessed on
party, if dissatisfied with the decision of the Board, shall he at liberty
to appeal to the court by which the case may be cognizable, any time
within the period of three months from the date on which the Board's
decision may have been communicated to such party or to his vakeel,
or, in their absence, from the date on which the roobakaree containing the
Board's decision may have been brought on the collector's record of the case.
If the party shall not apply to the court within the said period,
and shall fail to show good and sufficient cause for the delay, the decision
of the revenue authorities shall be final, and shall, on application of the
party in whose favour it may have been passed, be carried into effect by
the Courts of Judicature, in the manner in which the decrees of courts
are executed.
Provided also, that in cases in which the right of resuming
the revenue of lands held free of assessment, or of recovering possession
under such a tenure of lands which may have been subjected to assessment,
shall have been adjudged by the revenue authorities, the courts shall in like
manner carry the decision of the said authorities into immediate effect, not-
withstanding the admission of an appeal therefrom, unless the party so
applying shall give good and sufficient security for the payment of the
mesne profits accruing from the lands under dispute.
In cases of the above description, which may be decided by
the Courts of Judicature, in appeal from the decision of the revenue
authorities, whether the claim be preferred in the first instance to the
court, or collector, a special appeal only shall be admitted by the superior
court, excepting always cases which, from their amount, may be appealable
to the ATmt/ in Council; provided also, that the rules contained in Sec-
tion XXVI. of this Regulation shall be applied to all appeals of the above
nature.
XXXI. AYy-st Nothing in the present Regulation shall be considered
to affect the right of the proprietors of estates, for which a permanent
settlement has been concluded, to the full benefit of all waste lands
included within the ascertained boundaries of such estates respectively, at
the period of the decennial settlement, and which have since been or may
hereafter be reduced to cultivation. The exclusive advantages resulting
from the improvement of all such lands were guaranteed to the proprietors
by the conditions of that settlement, and it being left to the courts of
judicature to decide on all contested cases, whether lands assessed under
the provisions of this Regulation were included at the period of the decen-
nial settlement within the limits of estates for which a settlement has been
concluded in perpetuity, and to reverse the decision of the revenue autho-
rities in any case in which it shall appear that lands which actually formed,
at the period in question, a component part of such an estate, have been
unjustly subjected to assessment under the provisions of this Regulation,
the zemindars and other proprietors of land will be enabled, by an applica-
tion to the courts, to obtain immediate redress in any case in which the
revenue authorities shall violate or encroach on the rights secured to them
by the permanent settlement.
NpcoTzA It is further hereby declared and enacted, that all claims by the
revenue authorities on behalf of Government to additional revenue from
lands which were at the period of the decennial settlement included within
ModiAed by
Sec. v. Reg.
IX. 1825.
VH. 1832^**
REGULATION II.
[A.D.1819.
Parties dissatisAed,
at liberty to appealto
the proper Civil Courts,
within speciAc periods.
If no such appeal be
preferred, the decision
to be Anal.
And to be executed
by the courts.
Proviso.
Aspecial appeal only
to lie from the decision
of the Civil Court.
Declaration that this
Regulation shall not be
considered to affect the
waste lands which were
guaranteed to them at
the permanent settle-
ment.
Nor to warrant the
claim of additional re-
venue from lands per-
manently assessed on
party, if dissatisfied with the decision of the Board, shall he at liberty
to appeal to the court by which the case may be cognizable, any time
within the period of three months from the date on which the Board's
decision may have been communicated to such party or to his vakeel,
or, in their absence, from the date on which the roobakaree containing the
Board's decision may have been brought on the collector's record of the case.
If the party shall not apply to the court within the said period,
and shall fail to show good and sufficient cause for the delay, the decision
of the revenue authorities shall be final, and shall, on application of the
party in whose favour it may have been passed, be carried into effect by
the Courts of Judicature, in the manner in which the decrees of courts
are executed.
Provided also, that in cases in which the right of resuming
the revenue of lands held free of assessment, or of recovering possession
under such a tenure of lands which may have been subjected to assessment,
shall have been adjudged by the revenue authorities, the courts shall in like
manner carry the decision of the said authorities into immediate effect, not-
withstanding the admission of an appeal therefrom, unless the party so
applying shall give good and sufficient security for the payment of the
mesne profits accruing from the lands under dispute.
In cases of the above description, which may be decided by
the Courts of Judicature, in appeal from the decision of the revenue
authorities, whether the claim be preferred in the first instance to the
court, or collector, a special appeal only shall be admitted by the superior
court, excepting always cases which, from their amount, may be appealable
to the ATmt/ in Council; provided also, that the rules contained in Sec-
tion XXVI. of this Regulation shall be applied to all appeals of the above
nature.
XXXI. AYy-st Nothing in the present Regulation shall be considered
to affect the right of the proprietors of estates, for which a permanent
settlement has been concluded, to the full benefit of all waste lands
included within the ascertained boundaries of such estates respectively, at
the period of the decennial settlement, and which have since been or may
hereafter be reduced to cultivation. The exclusive advantages resulting
from the improvement of all such lands were guaranteed to the proprietors
by the conditions of that settlement, and it being left to the courts of
judicature to decide on all contested cases, whether lands assessed under
the provisions of this Regulation were included at the period of the decen-
nial settlement within the limits of estates for which a settlement has been
concluded in perpetuity, and to reverse the decision of the revenue autho-
rities in any case in which it shall appear that lands which actually formed,
at the period in question, a component part of such an estate, have been
unjustly subjected to assessment under the provisions of this Regulation,
the zemindars and other proprietors of land will be enabled, by an applica-
tion to the courts, to obtain immediate redress in any case in which the
revenue authorities shall violate or encroach on the rights secured to them
by the permanent settlement.
NpcoTzA It is further hereby declared and enacted, that all claims by the
revenue authorities on behalf of Government to additional revenue from
lands which were at the period of the decennial settlement included within
ModiAed by
Sec. v. Reg.
IX. 1825.
VH. 1832^**