DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0656
646
REGULATION VII.
[A.D. 1822.
app'y-
To what cases the
rule shaH not apply.
In settling resumed
lakhiraj lands, col-
lectors may take cog-
nizance of claims to
the property therein.
making or revising the settlement of any mehaui, that he has been wrong-
fully dispossessed from any iands, premises, crops, orchards, pasture-
grounds, fisheries, weds, watercourses, tanks, reservoirs, or the like, within
such mehaui, or of the rents, produce, or prohts of such lands, premises, &c.
the like as aforesaid, or that he has been wrongfully disturbed in the pos-
session thereof, it shall be competent to the collector, or other officer
aforesaid, to inquire into the matter, and if the party so complaining
shad appear to have been in possession in the year preceding that in which
the complaint is brought, and there shad otherwise be reason to believe
that he has been violently or wrongfully dispossessed or disturbed, it shad
be competent to the collector to restore or confirm him, recording the
grounds of his determination in a roobakarree ; and the opposite party shad
in such case be left to bring a regular suit in court to try the question of
right. In like manner should a collector, or other officer as aforesaid,
find that there exist in any mehaui of which he may be making or
revising the settlement, any disputes relative to the possession of lands,
premises, or the like, which it may be expedient to adjust, it shad be compe-
tent to the collector or other officer aforesaid to pass a decision determining
the point of possession, leaving the question of right, if further disputed, to
be settled by the result of a regular suit in the Adawlut.
The above provisions will be held to apply to all cases in which a
zemindar or under-tenant, whether farmer or ryot, having, by special deed
or prescriptive title, a right of occupancy, shad have been wrongfully
ousted from the occupancy of lands held and cultivated by him in the
preceding year, or in which the rents and profits of any land which were
received by such dispossessed party in the preceding year shad be with-
held from him, without a legal award, or a voluntary act of the party
involving the transfer, renunciation, or relinquishment of such rents and
profits. But the above rule shad not apply to any case in which the com-
plaining party may have executed any deed purporting to be a relinquish-
ment of possession, unless it shad have been established by some judicial
proceeding that such deed was extorted by force and terror, nor to any
cases wherein the complainant shad have in any way lost or relinquished
possession previously to the commencement of the year preceding that,
in which the complaint may be preferred.
XV. In the settlement of any resumed mehaui held or pretended to be
held under sunnuds from the ruling power, or from the amils or other
officers of the Government, whether such lands shad have been heretofore
subject to the payment of revenue or otherwise, it shad be competent to
the collector or other officer making the settlement to hear, try, and
determine ad claims to the property and possession of the land comprising
such mehaui, or the rents or produce thereof, anything in the existing
Regulations notwithstanding, and sulqect to the orders and direction of
the Board of Revenue, or other authority exercising the powers of that
Board, to give possession to, and conclude a settlement with, the party
who may appear to have the best title, leaving other claimants to establish
their claims by a regular suit in the Zillah or AT02A2C2IU Court, by which, SeeActxm.
according to the value of the interest at stake, ad decisions passed by the
revenue authorities under this section may, on such suit being fully heard,
sued, and determined, and not otherwise, be revised, annulled, or altered.
REGULATION VII.
[A.D. 1822.
app'y-
To what cases the
rule shaH not apply.
In settling resumed
lakhiraj lands, col-
lectors may take cog-
nizance of claims to
the property therein.
making or revising the settlement of any mehaui, that he has been wrong-
fully dispossessed from any iands, premises, crops, orchards, pasture-
grounds, fisheries, weds, watercourses, tanks, reservoirs, or the like, within
such mehaui, or of the rents, produce, or prohts of such lands, premises, &c.
the like as aforesaid, or that he has been wrongfully disturbed in the pos-
session thereof, it shall be competent to the collector, or other officer
aforesaid, to inquire into the matter, and if the party so complaining
shad appear to have been in possession in the year preceding that in which
the complaint is brought, and there shad otherwise be reason to believe
that he has been violently or wrongfully dispossessed or disturbed, it shad
be competent to the collector to restore or confirm him, recording the
grounds of his determination in a roobakarree ; and the opposite party shad
in such case be left to bring a regular suit in court to try the question of
right. In like manner should a collector, or other officer as aforesaid,
find that there exist in any mehaui of which he may be making or
revising the settlement, any disputes relative to the possession of lands,
premises, or the like, which it may be expedient to adjust, it shad be compe-
tent to the collector or other officer aforesaid to pass a decision determining
the point of possession, leaving the question of right, if further disputed, to
be settled by the result of a regular suit in the Adawlut.
The above provisions will be held to apply to all cases in which a
zemindar or under-tenant, whether farmer or ryot, having, by special deed
or prescriptive title, a right of occupancy, shad have been wrongfully
ousted from the occupancy of lands held and cultivated by him in the
preceding year, or in which the rents and profits of any land which were
received by such dispossessed party in the preceding year shad be with-
held from him, without a legal award, or a voluntary act of the party
involving the transfer, renunciation, or relinquishment of such rents and
profits. But the above rule shad not apply to any case in which the com-
plaining party may have executed any deed purporting to be a relinquish-
ment of possession, unless it shad have been established by some judicial
proceeding that such deed was extorted by force and terror, nor to any
cases wherein the complainant shad have in any way lost or relinquished
possession previously to the commencement of the year preceding that,
in which the complaint may be preferred.
XV. In the settlement of any resumed mehaui held or pretended to be
held under sunnuds from the ruling power, or from the amils or other
officers of the Government, whether such lands shad have been heretofore
subject to the payment of revenue or otherwise, it shad be competent to
the collector or other officer making the settlement to hear, try, and
determine ad claims to the property and possession of the land comprising
such mehaui, or the rents or produce thereof, anything in the existing
Regulations notwithstanding, and sulqect to the orders and direction of
the Board of Revenue, or other authority exercising the powers of that
Board, to give possession to, and conclude a settlement with, the party
who may appear to have the best title, leaving other claimants to establish
their claims by a regular suit in the Zillah or AT02A2C2IU Court, by which, SeeActxm.
according to the value of the interest at stake, ad decisions passed by the
revenue authorities under this section may, on such suit being fully heard,
sued, and determined, and not otherwise, be revised, annulled, or altered.