DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0766
756
REGULATION XIV.
[A.D. 18257
Rules for trying the
validity of grants made
The proof of the
title to rest with the
persons claiming to hold
or recover lakhiraj
tenure.
The Courts of Judi-
cature and revenue au-
thorities shall not re-
cognise any potentate
or authorities, save the
persons described in
shall operate to the prejudice of Government, or be held to bar the revenue
authorities from proceeding for the recovery of public dues under the
provisions of Regulation II. 1819, or any other rules in force relative to
the resumption of lakhiraj tenures held under invalid grants.
III. ^7^. The following principles are to be observed in determining
the force and validity of grants made by persons exercising authority in the
provinces subordinate to this presidency, previously to the acquisition of
the country by the British Government.
Lakhiraj tenures, of which uninterrupted possession shall have
been held exempt from assessment at and subsequently to the periods
under mentioned, shall be, and be considered to be, valid, without evidence
to any formal grant or confirmation of the same ; and shall be continued
to heirs in cases in which it may be clearly shown, from the nature and
denomination of the tenure, that it is hereditary according to the ancient
usage of the country: viz.—the 12th August, 1765, if the tenure be in
Bengal, Behar, or Orissa (excepting Cuttack);—the 14th October, 1791, if
the tenure be in Cuttack, including Puttaspore or its dependencies ;—the
1st July, 1775, if the tenure be in the province of Benares;—the 10th
November, 1789, if the tenure be in the provinces ceded by the Nuwaub
Vizier in November, 1801;—the 1st January, 1792, if in any of the pro-
vinces ceded by Dowlat Rao Scindia and the Peishwa, under the treaties
of the 16th and 80th December, 1800;—the 1st November, 1805, if in
the pergunnah of Khandah, or other territory ceded by Nana Govind Rao
on the 1st November, 1817. Provided, however, that the above rule shall
not apply to cases of derivative tenures, wherein it may appear that the
tenure is derived from a jagheerdar or other person, who, at any of the
periods above specified, held lands free of assessment under a temporary or
conditional tenure. In all such cases, the parcels of the land so held shall
follow the condition of the principal tenure; and if that be resumable,
will consequently be liable to resumption.
The proof of possession in the cases provided for by the preced-
ing clause, and (in the case of persons not the original grantees) of the
hereditary nature of the tenure, shall be on the parties claiming to hold or
recover the lakhiraj tenure ; the general principle being, that the ruling
power is entitled to a certain proportion of the produce of every beegah
of land, excepting so far as it shall have transferred, relinquished, or
compounded its right thereto; and all parties claiming the benefit
of such exemptions being bound to establish their respective claims and
titles.
Provided also, that although one or more successions to any
tenure as aforesaid may have taken place before the periods specified in
the second clause, the fact shall not be taken to establish a title of inherit-
ance, unless the tenure be clearly of an hereditary nature ; or unless the
right of inheritance therein shall have been admitted by the Governor-
General in Council, on a reference made to Government according to
the rules in force applicable to such cases.
7A/M. The Courts of Judicature and revenue authorities shall not recog-
nise any potentate, or person, as having been vested with the supreme
power within any part of the provinces subordinate to this presidency, save
and except the kings of Delhi, the subadars of Bengal, Behar, and Orissa,
REGULATION XIV.
[A.D. 18257
Rules for trying the
validity of grants made
The proof of the
title to rest with the
persons claiming to hold
or recover lakhiraj
tenure.
The Courts of Judi-
cature and revenue au-
thorities shall not re-
cognise any potentate
or authorities, save the
persons described in
shall operate to the prejudice of Government, or be held to bar the revenue
authorities from proceeding for the recovery of public dues under the
provisions of Regulation II. 1819, or any other rules in force relative to
the resumption of lakhiraj tenures held under invalid grants.
III. ^7^. The following principles are to be observed in determining
the force and validity of grants made by persons exercising authority in the
provinces subordinate to this presidency, previously to the acquisition of
the country by the British Government.
Lakhiraj tenures, of which uninterrupted possession shall have
been held exempt from assessment at and subsequently to the periods
under mentioned, shall be, and be considered to be, valid, without evidence
to any formal grant or confirmation of the same ; and shall be continued
to heirs in cases in which it may be clearly shown, from the nature and
denomination of the tenure, that it is hereditary according to the ancient
usage of the country: viz.—the 12th August, 1765, if the tenure be in
Bengal, Behar, or Orissa (excepting Cuttack);—the 14th October, 1791, if
the tenure be in Cuttack, including Puttaspore or its dependencies ;—the
1st July, 1775, if the tenure be in the province of Benares;—the 10th
November, 1789, if the tenure be in the provinces ceded by the Nuwaub
Vizier in November, 1801;—the 1st January, 1792, if in any of the pro-
vinces ceded by Dowlat Rao Scindia and the Peishwa, under the treaties
of the 16th and 80th December, 1800;—the 1st November, 1805, if in
the pergunnah of Khandah, or other territory ceded by Nana Govind Rao
on the 1st November, 1817. Provided, however, that the above rule shall
not apply to cases of derivative tenures, wherein it may appear that the
tenure is derived from a jagheerdar or other person, who, at any of the
periods above specified, held lands free of assessment under a temporary or
conditional tenure. In all such cases, the parcels of the land so held shall
follow the condition of the principal tenure; and if that be resumable,
will consequently be liable to resumption.
The proof of possession in the cases provided for by the preced-
ing clause, and (in the case of persons not the original grantees) of the
hereditary nature of the tenure, shall be on the parties claiming to hold or
recover the lakhiraj tenure ; the general principle being, that the ruling
power is entitled to a certain proportion of the produce of every beegah
of land, excepting so far as it shall have transferred, relinquished, or
compounded its right thereto; and all parties claiming the benefit
of such exemptions being bound to establish their respective claims and
titles.
Provided also, that although one or more successions to any
tenure as aforesaid may have taken place before the periods specified in
the second clause, the fact shall not be taken to establish a title of inherit-
ance, unless the tenure be clearly of an hereditary nature ; or unless the
right of inheritance therein shall have been admitted by the Governor-
General in Council, on a reference made to Government according to
the rules in force applicable to such cases.
7A/M. The Courts of Judicature and revenue authorities shall not recog-
nise any potentate, or person, as having been vested with the supreme
power within any part of the provinces subordinate to this presidency, save
and except the kings of Delhi, the subadars of Bengal, Behar, and Orissa,