DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34368#0564
554
REGULATION VIII.
[A.D. 1819.
and all alienations.
But no fee on sale
for arrears.
Zemindar may refuse
sanction to transfer, till
fee and security be ten-
dered.
Sufficiency of secu-
rity, if contested, to be
determined by appeal
to Civil Court.
Upon public sale,
if security be not
tendered within one
month, zemindar may
attach.
Attachment to have
the effect of a trust.
lowed periodical sales
of tenures, in which
condition of furnishing such security on requisition being understood to be
one of the original liabilities of the tenure. The above rules shall apply
equally to the case of a sale made in execution of a decree or judgment of
court, as to all other alienations, but it shall not apply to the case of sale
for an arrear in the rent due to the zemindar or other superior, under the
rules hereinafter contained. The purchaser at such a sale shall be entitled
to have his name registered, and to obtain possession without fee, though,
of course, liable to be called on to give security under the conditions of the
tenure purchased.
VI. It shall be competent to the zemindar or other superior to refuse
the registry of any transfer until the fee above stipulated be paid, and until
substantial security to the amount specified be tendered and accepted :
provided, however, that if the security tendered by any purchaser or trans-
feree shouid not be approved by the zemindar, and the party tendering it
shall be dissatisfied with such rejection, he shall be competent to appeal
therefrom by petition or common motion in the Civil Court of the district,
which authority, if satisfied of the sufficiency of the security tendered,
shall issue an injunction on the zemindar to accept it, and give effect to
the transfer without delay. It is hereby provided, that the rules of this
and of the preceding section shall not be held to apply to transfers of
any fractional portion of a putnee talook, nor to any alienation other
than of the entire interest; for no apportionment of the zemindar s
reserved rent can be allowed to stand good, unless made under his special
sanction.
VII. In case of the sale of a putnee tenure in execution of a judgment
of court, if the purchaser do not within the period of one month from the
sale conform to the rules of Section V. of this Regulation, in order to
obtain the transfer of his tenure by the superior to whom the rent fixed
upon it is payable, the zemindar or other superior shall be entitled, of his
own authority, to send a suzawul to attach and hold possession of the
tenure, until the forms prescribed be observed. In case, also, of the sale
of a putnee tenure for arrears of the rent due upon it, under the rules of
this Regulation, if security be required by the zemindar, and the purchaser
fail to furnish the same within one month of the date of sale, the zemindar
shall similarly be entitled to send a suzawul to attach and hold possession
of the interest which may have passed on the sale, to the exclusion of the
purchaser, until the prescribed security be given. Attachments made
under this section shall be regarded as trusts for the benefit and at the
risk of the purchasers ; consequently, after deducting the rent due and the
expense of attaching, any surplus that may be yielded by the collections,
shall be held in deposit for such purchaser: but if the collections for the
time fall short of the rent, the tenure and person of the proprietor shall
be liable in the same manner as if no attachment had been made, and the
accounts produced by the zemindar ; or other superior making the attach-
ment, shall be received as prima facie evidence to warrant process for an
arrear so accruing.
VIII. AmsA Zemindars, that is, proprietors under direct engagements
with the Government, shall be entitled to apply in the manner following
See note at
the beginning.
REGULATION VIII.
[A.D. 1819.
and all alienations.
But no fee on sale
for arrears.
Zemindar may refuse
sanction to transfer, till
fee and security be ten-
dered.
Sufficiency of secu-
rity, if contested, to be
determined by appeal
to Civil Court.
Upon public sale,
if security be not
tendered within one
month, zemindar may
attach.
Attachment to have
the effect of a trust.
lowed periodical sales
of tenures, in which
condition of furnishing such security on requisition being understood to be
one of the original liabilities of the tenure. The above rules shall apply
equally to the case of a sale made in execution of a decree or judgment of
court, as to all other alienations, but it shall not apply to the case of sale
for an arrear in the rent due to the zemindar or other superior, under the
rules hereinafter contained. The purchaser at such a sale shall be entitled
to have his name registered, and to obtain possession without fee, though,
of course, liable to be called on to give security under the conditions of the
tenure purchased.
VI. It shall be competent to the zemindar or other superior to refuse
the registry of any transfer until the fee above stipulated be paid, and until
substantial security to the amount specified be tendered and accepted :
provided, however, that if the security tendered by any purchaser or trans-
feree shouid not be approved by the zemindar, and the party tendering it
shall be dissatisfied with such rejection, he shall be competent to appeal
therefrom by petition or common motion in the Civil Court of the district,
which authority, if satisfied of the sufficiency of the security tendered,
shall issue an injunction on the zemindar to accept it, and give effect to
the transfer without delay. It is hereby provided, that the rules of this
and of the preceding section shall not be held to apply to transfers of
any fractional portion of a putnee talook, nor to any alienation other
than of the entire interest; for no apportionment of the zemindar s
reserved rent can be allowed to stand good, unless made under his special
sanction.
VII. In case of the sale of a putnee tenure in execution of a judgment
of court, if the purchaser do not within the period of one month from the
sale conform to the rules of Section V. of this Regulation, in order to
obtain the transfer of his tenure by the superior to whom the rent fixed
upon it is payable, the zemindar or other superior shall be entitled, of his
own authority, to send a suzawul to attach and hold possession of the
tenure, until the forms prescribed be observed. In case, also, of the sale
of a putnee tenure for arrears of the rent due upon it, under the rules of
this Regulation, if security be required by the zemindar, and the purchaser
fail to furnish the same within one month of the date of sale, the zemindar
shall similarly be entitled to send a suzawul to attach and hold possession
of the interest which may have passed on the sale, to the exclusion of the
purchaser, until the prescribed security be given. Attachments made
under this section shall be regarded as trusts for the benefit and at the
risk of the purchasers ; consequently, after deducting the rent due and the
expense of attaching, any surplus that may be yielded by the collections,
shall be held in deposit for such purchaser: but if the collections for the
time fall short of the rent, the tenure and person of the proprietor shall
be liable in the same manner as if no attachment had been made, and the
accounts produced by the zemindar ; or other superior making the attach-
ment, shall be received as prima facie evidence to warrant process for an
arrear so accruing.
VIII. AmsA Zemindars, that is, proprietors under direct engagements
with the Government, shall be entitled to apply in the manner following
See note at
the beginning.