DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34368#0654
644
REGULATION VII.
[A.D. 1822.
revenue and charges
payable by the several
parceners.
decision may contest it
in the Adawlut.
cisionofrevenueofEcers
to be conclusive.
nature of the tenures connected with it, to correct the errors or omissions
of former settlements by admitting to engagements, or entering on the
pubiic records, the names of the persons found in the bona tide possession
of iand, or in the receipt of rent under a proprietary title ; and in such
cases the collector will hold an official proceeding, explaining fully the
grounds on which he may act.
XII. JAT-st In cases in which the proportion of the Government jumma See Sec. ii
and village expenses payable by each proprietor, and by each body of pro-
prietors comprised in the several puttees, behrees, and other divisions of
an estate held under putteedaree or bhyachara tenure, or the like, may
have been originally fixed on a measurement of the lands occupied by
each, with reference to the quantity in cultivation, and may be liable by
the usage of the country to periodical adjustment on the same principle,
if the collector or other officer making or revising the settlement shall be
satisfied, by examination of the putwaries' accounts or otherwise, that the
contributions paid by any proprietor, or body of proprietors as aforesaid,
are materially in excess of the amount justly demandable from them, it
shall be competent to him, with the previous sanction of the Board, to cause
a new distribution to be made of the revenue and charges payable by each,
with reference to the above principle, and to such resolutions as Government
may have passed relative to the apportionment of the net rent or profits
arising out of the limitation of the Government demand ; and in the per-
formance of this duty to employ the canoongoe, and such person or
persons as he may judge it advisable to appoint, and to settle the
jumma payable by the different parties according to the award of such
person or persons, or otherwise as shall appear to be just and equitable.
In like manner, in cases in which the several proprietors shall
be entitled not only to an adjustment from time to time of the jumma
payable on account of the lands occupied by them, but likewise to a
periodical partition of the lands of the village, with reference to the share
recorded as belonging to each, it shall be competent to the collector to
cause a fresh partition of the lands, and adjustment of the jumma, to be
made as above prescribed, and at the same time to fix and declare the
period from which the arrangement as finally settled is to have effect, and
to adjust the claims of the parties relative to the revenue intermediately
paid by them, as may appear equitable ; provided, however, that no such
partition or adjustment shall be final until confirmed by the Board of
Go772772M.sm?2^7W, or other authority exercising the powers of that Board ;
provided also, that if any parties shall dispute the existence of the usage
under which the partition of the lands shall have been made, and shall
claim to be restored to possession of the lands which the collector may
have transferred to another, or shall consider himself entitled to the benefit
of a new partition of the lands comprised in the mehaul to which he may
belong, in any case in which the collector may have refused to order it, it
shall be competent to the said party to bring a regular suit in the Zillah SeeActxm.
Court against the person or persons to whom the lands may have been
transferred, or the person or persons who may resist the partition, to try
the justness of the collector's decision ; but if the existence of the usage
shall be admitted or established, it shall not be competent to the Courts
of Judicature to question the accuracy of the partition of the land, or
REGULATION VII.
[A.D. 1822.
revenue and charges
payable by the several
parceners.
decision may contest it
in the Adawlut.
cisionofrevenueofEcers
to be conclusive.
nature of the tenures connected with it, to correct the errors or omissions
of former settlements by admitting to engagements, or entering on the
pubiic records, the names of the persons found in the bona tide possession
of iand, or in the receipt of rent under a proprietary title ; and in such
cases the collector will hold an official proceeding, explaining fully the
grounds on which he may act.
XII. JAT-st In cases in which the proportion of the Government jumma See Sec. ii
and village expenses payable by each proprietor, and by each body of pro-
prietors comprised in the several puttees, behrees, and other divisions of
an estate held under putteedaree or bhyachara tenure, or the like, may
have been originally fixed on a measurement of the lands occupied by
each, with reference to the quantity in cultivation, and may be liable by
the usage of the country to periodical adjustment on the same principle,
if the collector or other officer making or revising the settlement shall be
satisfied, by examination of the putwaries' accounts or otherwise, that the
contributions paid by any proprietor, or body of proprietors as aforesaid,
are materially in excess of the amount justly demandable from them, it
shall be competent to him, with the previous sanction of the Board, to cause
a new distribution to be made of the revenue and charges payable by each,
with reference to the above principle, and to such resolutions as Government
may have passed relative to the apportionment of the net rent or profits
arising out of the limitation of the Government demand ; and in the per-
formance of this duty to employ the canoongoe, and such person or
persons as he may judge it advisable to appoint, and to settle the
jumma payable by the different parties according to the award of such
person or persons, or otherwise as shall appear to be just and equitable.
In like manner, in cases in which the several proprietors shall
be entitled not only to an adjustment from time to time of the jumma
payable on account of the lands occupied by them, but likewise to a
periodical partition of the lands of the village, with reference to the share
recorded as belonging to each, it shall be competent to the collector to
cause a fresh partition of the lands, and adjustment of the jumma, to be
made as above prescribed, and at the same time to fix and declare the
period from which the arrangement as finally settled is to have effect, and
to adjust the claims of the parties relative to the revenue intermediately
paid by them, as may appear equitable ; provided, however, that no such
partition or adjustment shall be final until confirmed by the Board of
Go772772M.sm?2^7W, or other authority exercising the powers of that Board ;
provided also, that if any parties shall dispute the existence of the usage
under which the partition of the lands shall have been made, and shall
claim to be restored to possession of the lands which the collector may
have transferred to another, or shall consider himself entitled to the benefit
of a new partition of the lands comprised in the mehaul to which he may
belong, in any case in which the collector may have refused to order it, it
shall be competent to the said party to bring a regular suit in the Zillah SeeActxm.
Court against the person or persons to whom the lands may have been
transferred, or the person or persons who may resist the partition, to try
the justness of the collector's decision ; but if the existence of the usage
shall be admitted or established, it shall not be competent to the Courts
of Judicature to question the accuracy of the partition of the land, or