DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0655
A.D. 1822.]
REGULATION VII.
645
Reg.1x.i833!
adjustment of the jumma; and whenever the decision of a collector
for the partition of any land shall be set aside, it will of course belong
to the revenue authorities to re-adjust tbe jumma with reference to
the interests of the parties as defined and settled by the final decision
of the Courts of Judicature, and to the conditions of the tenure, and
to any general or special resolution of Government relative to the dis-
tribution of the net rent or profit arising out of the limitation of the public
assessment.
XIII. Collectors, and other officers exercising the powers of collectors, Collectors shall not
shall not, unless where specially authorized in the manner prescribed in less^^speddiv^^tho!
this or some other Regulation, do any act tending to disturb possession,
but shall leave the Adawlut to investigate in a regular suit all claims of
persons not in possession, but deeming themselves entitled to be so.
XIV. Collectors making or revising settlements shall, in cases
in which any dispute may exist in regard to the nature of the tenure of
any person occupying the soil, be competent to declare in an official pro-
ceeding, to be incorporated in the roobakarree of settlement, the nature
and extent of the interests actually possessed by such occupant, referring to
the denomination heretofore applied to him only as one means of proof
in regard to the nature of the interest, but stating at length, with specifi-
cation of any examination he may take for his satisfaction, the grounds of
his determination; so also in cases of dispute regarding the extent of the
interest belonging to any sharer in a village or villages held under puttee-
daree, bkyachara, or the like tenure, such sharer having actual possession
of a portion of such village or villages, or being in the actual receipt as
proprietor of a share of the joint profits of the land, it shall be competent
to the collector to decide the point in the first instance in his rooba-
karree of settlement, and to enforce his decision, leaving the party who
may deem himself aggrieved to seek redress by a regular suit in the
courts, to try the right; but nothing herein contained shall be construed
to authorize the courts to interfere with the decision of the collector in
regard to the amount or proportion of jumma to be assessed on any parcel
of land, or in respect to the quantity and description of land to be assigned
in partition to the holder of any specific share of a joint estate.
XccfwV. The above rule shall not be construed to empower collectors,
unless otherwise authorized, to take cognizance of any claim, to receive a
larger portion of the common profits than the claimant has hitherto enjoyed,
or to hold a larger portion of the village or villages than he has hitherto
occupied.
The decisions passed by the collectors under the above powers,
if not altered or annulled by the Board or by Government, shall be main-
tained by the courts, unless on investigation in a regular suit it shall appear
that the possession held under such a decision is wrongful; and nothing
herein contained shall be understood to authorize any court to interfere
with the decision of the revenue authorities relative to the jumma to be
assessed on any mehaul, or portion of a mehaul, or to the extent and
description of lands belonging to any mehaul that may be assigned on the
partition of the same to the several parceners concerned.
AkwWA. If any person shall complain to a collector, or other officer
Where lands held
in putteedary, bhya-
chara, or the like
tenure, collectors may
decide disputes as to
the extent of interest
belonging to any par-
cener, and may enforce
his decision.
Collectors shall not
under the above rule
hitherto enjoyed or
held.
Decision of revenue
officers to be main-
tained by courts, unless
proved to be wrong in
a regular suit.
be at variance with
decree.
In what cases col-
REGULATION VII.
645
Reg.1x.i833!
adjustment of the jumma; and whenever the decision of a collector
for the partition of any land shall be set aside, it will of course belong
to the revenue authorities to re-adjust tbe jumma with reference to
the interests of the parties as defined and settled by the final decision
of the Courts of Judicature, and to the conditions of the tenure, and
to any general or special resolution of Government relative to the dis-
tribution of the net rent or profit arising out of the limitation of the public
assessment.
XIII. Collectors, and other officers exercising the powers of collectors, Collectors shall not
shall not, unless where specially authorized in the manner prescribed in less^^speddiv^^tho!
this or some other Regulation, do any act tending to disturb possession,
but shall leave the Adawlut to investigate in a regular suit all claims of
persons not in possession, but deeming themselves entitled to be so.
XIV. Collectors making or revising settlements shall, in cases
in which any dispute may exist in regard to the nature of the tenure of
any person occupying the soil, be competent to declare in an official pro-
ceeding, to be incorporated in the roobakarree of settlement, the nature
and extent of the interests actually possessed by such occupant, referring to
the denomination heretofore applied to him only as one means of proof
in regard to the nature of the interest, but stating at length, with specifi-
cation of any examination he may take for his satisfaction, the grounds of
his determination; so also in cases of dispute regarding the extent of the
interest belonging to any sharer in a village or villages held under puttee-
daree, bkyachara, or the like tenure, such sharer having actual possession
of a portion of such village or villages, or being in the actual receipt as
proprietor of a share of the joint profits of the land, it shall be competent
to the collector to decide the point in the first instance in his rooba-
karree of settlement, and to enforce his decision, leaving the party who
may deem himself aggrieved to seek redress by a regular suit in the
courts, to try the right; but nothing herein contained shall be construed
to authorize the courts to interfere with the decision of the collector in
regard to the amount or proportion of jumma to be assessed on any parcel
of land, or in respect to the quantity and description of land to be assigned
in partition to the holder of any specific share of a joint estate.
XccfwV. The above rule shall not be construed to empower collectors,
unless otherwise authorized, to take cognizance of any claim, to receive a
larger portion of the common profits than the claimant has hitherto enjoyed,
or to hold a larger portion of the village or villages than he has hitherto
occupied.
The decisions passed by the collectors under the above powers,
if not altered or annulled by the Board or by Government, shall be main-
tained by the courts, unless on investigation in a regular suit it shall appear
that the possession held under such a decision is wrongful; and nothing
herein contained shall be understood to authorize any court to interfere
with the decision of the revenue authorities relative to the jumma to be
assessed on any mehaul, or portion of a mehaul, or to the extent and
description of lands belonging to any mehaul that may be assigned on the
partition of the same to the several parceners concerned.
AkwWA. If any person shall complain to a collector, or other officer
Where lands held
in putteedary, bhya-
chara, or the like
tenure, collectors may
decide disputes as to
the extent of interest
belonging to any par-
cener, and may enforce
his decision.
Collectors shall not
under the above rule
hitherto enjoyed or
held.
Decision of revenue
officers to be main-
tained by courts, unless
proved to be wrong in
a regular suit.
be at variance with
decree.
In what cases col-