DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34368#0563
A.D. 1819.]
REGULATION VIII.
553
* See Secs, tion XLIV.* 1793, unless specially exempted from such liability by the
^c?L*i845.^' rule in question, or by any other specihc rule of the Regulations in force.
III. The tenures known by the name of putnee talooks, as
described in the preamble to this Regulation, shall be deemed to be valid
tenures in perpetuity, according to the terms of the engagements under
which they are held. They are heritable by their conditions; and it is
hereby further declared, that they are capable of being transferred by sale,
gift, or otherwise, at the discretion of the holder, as well as answerable
for his personal debts, and subject to the process of the Courts of Judi-
cature, in the same manner as other real property.
Putnee talookdars are hereby declared to possess the right of
letting out the lands composing their talooks in any manner they may
deem most conducive to their interest, and any engagements so entered
into by such talookdars with others shall be legal and binding between the
parties to the same, their heirs and assignees: provided, however, that no
such engagements shall operate to the prejudice of the right of the zemin-
dar to hold the superior tenure answerable for any arrear of his rent, in
the state in which he granted it, and free of all incumbrance resulting from
the act of his tenant.
TAzrt/. In case of an arrear occurring upon any tenure of the descrip-
tion alluded to in the first clause of this section, it shall not be liable
to be cancelled for the same, under the rule contained in the seventh
clause of Section XV. Regulation VII. 1799, for leases conveying a
limited interest in the land ; but the tenure shall be brought to sale by
public auction, and the holder of the tenure will be entitled to any excess
in the proceeds of such sale, beyond the amount of the arrear of rent due ;
subject, however, to the provisions contained in Section XVII. of this
Regulation.
IV. If the holder of a putnee talook shall have underlet in such manner
as to have conveyed a similar interest to that enjoyed by himself, as
explained in the preamble to this Regulation, the holder of such a tenure
shall be deemecl to have acquired all the rights and immunities declared in
the preceding section to attach to putnee talooks, in so far as concerns the
grantor of such under-tenure. The same construction shall also hold in
the case of putnee talooks of the third or fourth degree.
V. The right of alienation having been declared to vest in the holder
of a putnee talook, it shall not be competent to the zemindar or other
superior to refuse to register, and otherwise to give effect to such aliena-
tions, by discharging the party transferring his interest from personal
responsibility, and by accepting the engagements of the transferee. In
conformity, however, with established usage, the zemindar or other superior
shall be entitled to exact a fee upon every such alienation; and the rate
of the said fee is hereby fixed at two per cent, on the jumma or annual
rent of the interest transferred, until the same shall amount to one hun-
dred rupees, which sum shall be the maximum of any fee to be exacted
on this account. The zemindar shall also be entitled to demand substan-
tial security from the transferee or purchaser, to the amount of half the
jumma or yearly rent payable to him from the tenure transferred ; the
VOL. 11. 4 B
dared valid, transfer-
able and answerable
for debt.
Pntneedars' right of
underletting declared.
Putnee tenures de-
clared not voidable for
arrears.
fer a similar interest to
that provided for put-
nee talooks in Sec. iii.
Zemindar not enti-
tled to refuse to give
effect to a transfer.
fee.
security.
As far as half the
jumma.
REGULATION VIII.
553
* See Secs, tion XLIV.* 1793, unless specially exempted from such liability by the
^c?L*i845.^' rule in question, or by any other specihc rule of the Regulations in force.
III. The tenures known by the name of putnee talooks, as
described in the preamble to this Regulation, shall be deemed to be valid
tenures in perpetuity, according to the terms of the engagements under
which they are held. They are heritable by their conditions; and it is
hereby further declared, that they are capable of being transferred by sale,
gift, or otherwise, at the discretion of the holder, as well as answerable
for his personal debts, and subject to the process of the Courts of Judi-
cature, in the same manner as other real property.
Putnee talookdars are hereby declared to possess the right of
letting out the lands composing their talooks in any manner they may
deem most conducive to their interest, and any engagements so entered
into by such talookdars with others shall be legal and binding between the
parties to the same, their heirs and assignees: provided, however, that no
such engagements shall operate to the prejudice of the right of the zemin-
dar to hold the superior tenure answerable for any arrear of his rent, in
the state in which he granted it, and free of all incumbrance resulting from
the act of his tenant.
TAzrt/. In case of an arrear occurring upon any tenure of the descrip-
tion alluded to in the first clause of this section, it shall not be liable
to be cancelled for the same, under the rule contained in the seventh
clause of Section XV. Regulation VII. 1799, for leases conveying a
limited interest in the land ; but the tenure shall be brought to sale by
public auction, and the holder of the tenure will be entitled to any excess
in the proceeds of such sale, beyond the amount of the arrear of rent due ;
subject, however, to the provisions contained in Section XVII. of this
Regulation.
IV. If the holder of a putnee talook shall have underlet in such manner
as to have conveyed a similar interest to that enjoyed by himself, as
explained in the preamble to this Regulation, the holder of such a tenure
shall be deemecl to have acquired all the rights and immunities declared in
the preceding section to attach to putnee talooks, in so far as concerns the
grantor of such under-tenure. The same construction shall also hold in
the case of putnee talooks of the third or fourth degree.
V. The right of alienation having been declared to vest in the holder
of a putnee talook, it shall not be competent to the zemindar or other
superior to refuse to register, and otherwise to give effect to such aliena-
tions, by discharging the party transferring his interest from personal
responsibility, and by accepting the engagements of the transferee. In
conformity, however, with established usage, the zemindar or other superior
shall be entitled to exact a fee upon every such alienation; and the rate
of the said fee is hereby fixed at two per cent, on the jumma or annual
rent of the interest transferred, until the same shall amount to one hun-
dred rupees, which sum shall be the maximum of any fee to be exacted
on this account. The zemindar shall also be entitled to demand substan-
tial security from the transferee or purchaser, to the amount of half the
jumma or yearly rent payable to him from the tenure transferred ; the
VOL. 11. 4 B
dared valid, transfer-
able and answerable
for debt.
Pntneedars' right of
underletting declared.
Putnee tenures de-
clared not voidable for
arrears.
fer a similar interest to
that provided for put-
nee talooks in Sec. iii.
Zemindar not enti-
tled to refuse to give
effect to a transfer.
fee.
security.
As far as half the
jumma.