DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0573
A.D. 1819.]
REGULATION VIII.
563
course of it, that may afford the chance of securing the person of the
defaulter, and then to have a notice issued and the case brought to judg-
ment; or to cause proclamation to be made without such postponement,
that after fifteen days from the date of notice, the wiil proceed to a
summary investigation of the balance, and in case of the non-attendance of
the defendant, will pass judgment summarily upon the documents and
proofs that may be exhibited by the plaintiff ex parte.
When an arrear may be adjudged to be due in the manner
above provided, the zemindar or other plaintiff in the suit shall be at
liberty to cancel, of his own authority, any lease, farm, or other limited
interest intermediate between himself and the actual cultivator, on
account of which the rent may have been claimed ; but no summary
award fbr arrears shall be considered to warrant the subjecting real pro-
perty belonging to the defendant in such an action to sale in execution,
except in cases in which the balance may be due on account of a talook
of the description noticed in Section III. of this Regulation, or of any
other talook which may have been declared by the Regulations to be liable
to sale for arrears ; such talook will, of course, be liable to be sold for the
arrears which may have accrued upon it in the mode prescribed; but if
the zemindar or other plaintiff should be desirous of having any other
estate, or house, or landed property of a defaulter, brought to sale in satis-
faction of his claim of rent, it will be necessary for him to institute a
regular suit for the purpose, notwithstanding the existence of the summary
award in his favour.
AY/%. The provisions contained in the second and fourth clauses of this
section, so far as they relate to the power of attaching and cancelling
(under the circumstances therein described) the leases, farms, or other
limited interests of persons holding intermediately between the proprietor
and the actual cultivator, are hereby declared not to extend to khoodkasht
ryots or other resident cultivators of the soil. For any arrears which may
be alleged to be due from those classes of persons, the party claiming them
may proceed at any time during the year by distraint or by process of
arrest and summary suit, under the existing rules ; proprietors, talookdars,
or farmers, however, to whom an arrear of rent may be due at the end
of the year from any khoodkasht ryot or other resident cultivators of the
soil, are at liberty to institute a summary suit to establish the existence
of such an arrear, taking out process of arrest in the usual form. If the
defendant shall not attend or cannot be arrested, the forms of process
and proceeding prescribed in the third clause of this section shall be
considered to be applicable to the case, and any summary judgment pre-
viously obtained on account of rent of the year just closed shall be received
as evidence of such arrear, upon the plaintiff's showing that the judgment
in question has remained unexecuted. If an arrear shall be adjudged by
the to be due, and the amount shall not be immediately paid into
cozzW, the plaintiff shall be authorized by the to make such new
arrangement as he may judge proper for the future management of the
lands in question.
XIX.* In addition to the rules contained in Section XV. Regula-
tion XIX. 1817, it is hereby provided that any zemindar, talookdar^
* See note to Sec. xviii.
4 c 2
like.
No exception against
separate real property.
Tenures of ryots not
to be attached or can-
except by summary suit
at the end of the year.
Optional for zemin-
dars to take out arrests
REGULATION VIII.
563
course of it, that may afford the chance of securing the person of the
defaulter, and then to have a notice issued and the case brought to judg-
ment; or to cause proclamation to be made without such postponement,
that after fifteen days from the date of notice, the wiil proceed to a
summary investigation of the balance, and in case of the non-attendance of
the defendant, will pass judgment summarily upon the documents and
proofs that may be exhibited by the plaintiff ex parte.
When an arrear may be adjudged to be due in the manner
above provided, the zemindar or other plaintiff in the suit shall be at
liberty to cancel, of his own authority, any lease, farm, or other limited
interest intermediate between himself and the actual cultivator, on
account of which the rent may have been claimed ; but no summary
award fbr arrears shall be considered to warrant the subjecting real pro-
perty belonging to the defendant in such an action to sale in execution,
except in cases in which the balance may be due on account of a talook
of the description noticed in Section III. of this Regulation, or of any
other talook which may have been declared by the Regulations to be liable
to sale for arrears ; such talook will, of course, be liable to be sold for the
arrears which may have accrued upon it in the mode prescribed; but if
the zemindar or other plaintiff should be desirous of having any other
estate, or house, or landed property of a defaulter, brought to sale in satis-
faction of his claim of rent, it will be necessary for him to institute a
regular suit for the purpose, notwithstanding the existence of the summary
award in his favour.
AY/%. The provisions contained in the second and fourth clauses of this
section, so far as they relate to the power of attaching and cancelling
(under the circumstances therein described) the leases, farms, or other
limited interests of persons holding intermediately between the proprietor
and the actual cultivator, are hereby declared not to extend to khoodkasht
ryots or other resident cultivators of the soil. For any arrears which may
be alleged to be due from those classes of persons, the party claiming them
may proceed at any time during the year by distraint or by process of
arrest and summary suit, under the existing rules ; proprietors, talookdars,
or farmers, however, to whom an arrear of rent may be due at the end
of the year from any khoodkasht ryot or other resident cultivators of the
soil, are at liberty to institute a summary suit to establish the existence
of such an arrear, taking out process of arrest in the usual form. If the
defendant shall not attend or cannot be arrested, the forms of process
and proceeding prescribed in the third clause of this section shall be
considered to be applicable to the case, and any summary judgment pre-
viously obtained on account of rent of the year just closed shall be received
as evidence of such arrear, upon the plaintiff's showing that the judgment
in question has remained unexecuted. If an arrear shall be adjudged by
the to be due, and the amount shall not be immediately paid into
cozzW, the plaintiff shall be authorized by the to make such new
arrangement as he may judge proper for the future management of the
lands in question.
XIX.* In addition to the rules contained in Section XV. Regula-
tion XIX. 1817, it is hereby provided that any zemindar, talookdar^
* See note to Sec. xviii.
4 c 2
like.
No exception against
separate real property.
Tenures of ryots not
to be attached or can-
except by summary suit
at the end of the year.
Optional for zemin-
dars to take out arrests