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By the rules of the perpetual settlement, 3 proprietors of Preamble estates paying revenue to Government, that is, the individuals answerable to Government for the revenue then assessed on the different mahals were declared to be entitled to make any arrange- ments for the leasing of their lands in taluk or otherwise that they might deem most conducive to their interests. By the rules of Regulation 44, 1793,~ however, all n1ch arrangements were subjected to two limitations; first, that the jama or rent should not be fixed for a pcriop exceeding ten years; and, secondly, that in case of a sail" for Government arrears, such leases or arrangements should stand cancelled from the day of sale. The provisions of section 2, Regulation 44, 1793, ' by which the period of all fixed engagements for rent was limited to ten years, have been rescinded by section 2, Regulation 5, 1812 ~ ; and in ReguluttOll 18° of the same year, it is more distinctly declared that zamindars are at liberty to grant taluks or other leases of their lands fixing the rent in perpetuity at their discre- tion, subject, however, to the liability of being dissolved on sale of the ~ran tor's estate for arrears of the Government revenue in the same manner as heretofore. l SHORT '1ITLE.-This short title was given by the Amending Act, 1897 (V of 1897), since repealed, LOCAL EXTENT.-This Regulation iJ in force in the district of Sylhet- SII the Assam Land Revenue Manual, 1931, Introduction. • Words repealed by the Amending Act, I 891 {XII of 1891), are omitted. • See the Bengal Permanent Settlement Regulation, 1793 (I of 1793), anti p. s ....... . • Ben. Reg. XLIV of 179S was repealed by Act XXIX of 1871. s The Bengal Land Revenue Sales Regulation, 1812. It has been rer.alcd in Assam by the Alllam Land and Revenue Regulation, 1886 (I of 11186 • s. 2. in pott. The Bengal Lea,es and Land Revenue Regulation, 1812, It hu been repealed in Auam by the Assam Land and Revenue "Regulation, 1886 (I of 1886). 56 PA1NI TALUKS [1819: Ben. Reg. 8. In practice, the grant of taluks and other leases at a rr.nt fixed in perpetuity had been common with the zamindars of Bengal for sometime before the pa~si ng of the two Regulations last mentioned, h ut, notwithstanding the abrogation of the rule which declared such arran~ements null and void, and the aban- donment of all intention or desire to have it enforced as a secu- rity to the Government revenue in the manner originally contem- plated, it was omitted to declare to the rules of Regulations 5 1 and I8 1 of 1812, or in any other Regulations, whether tt'· nures at the time in existence and held, under cow nants or en- gagements entered into by the parties in violation of the rule of ~ection 2, Regulation 44, 1793 2 should, if called in question, be deemed invalid and void as heretofore. This point it has been deemed necessary to set at rest by a general declaration of the vaildity of any tenures that may be now in existence, notwithstanding that they may have been gr<.tnt- ed at a rent fixed in perpetuity, or for a long.:t term than ten years while the rule fixing this limitation to the term of all such engagf'ments, and declaring null and void any granted in con- travf'ntion thereto, was in force. Furthermor<', in the exercise of the privilege thus conceded to zaminclars under direct engagements with GovernmeHt, there has been created a tenur~ which had its origin on the estates of the Raja of Burdwan, but has since ber n extended to other 1.amindars; the . character of which tenute is that it is n taluk created by the zamindar, to be held at a rent fixed in perpetuity by the lessee and his he1rs for evrr ; the tenant is called upon to furnish collateral ~ e..-urity for the rent, and for his conduct gene- rally, or he is excused from this obligation at the zan:indars' dis- cTetion ; but even if the orginal tenant be excused, still, in case of sale for arrears, or other operation leading to th.: in traduc- tion of another tC'nant, ~uc lt uew incumbent has alway3 in prac- tice been liable to be so called upon at the option of the zamin- dar. By the terms also of the en~agements interchanged, it is amongst other stipulations provided that, in case of an arrear occurring, the tenure may be brought to sale by the zamindar, and, if the sale do not yield a sufficient amount to make good the balance of rent at the time due, the remaining property of tltr. defaulter shall be furthel' answerable for the demand. These tenures have usually been denominated patni taluks, and it has been a common practice of the holders of them to un- derlet on precisely similar terms to other persons, who on taking such leasses went by the name of darpatani talukdars ; these again sometimes similarly underlet to sepatnidars ; and the con- titutions of all the title-deeds vary in nothing m ateial from the original engagement~ executed by the first holder. -- ---·--- ------------------ ~ Set foot-notes s & on prt'page. • Ben. Reg XLIV of 1793 was repealed by Acl XXIX of 1871. 1819 : Ben. Reg. 8.] PATNI TALUKS 57 In these engagement~, however, it is not stipulated whether the sale thus reserved to himself by the grantor is for his own benefit, or for that of the tenant ; that is, whether, in case the pro- ceeds of sale should exceed the zamindar's demand of rent, the tenant would be entitled to such excess ; neither is the manner of sale specified, nor do the usages of the country nor the Regu- lations of Government afford any distinct rules by the application of which to the specific cases the defects above alluded to could be supplied or the points of doubt and difficulty involved in the omission be brought to determination in a consistent and unitorm manner. ~ The tenures in question have extended through several zilas of Bengal, and the mischicls which have arisen from the want of a con8istcnt rule of action lor the guidance of the Courts of Civil Judicature in rrgard to them have been productive of such confu- sion as to demand the interference of the legislature ; it has ac- cordingly been deemed necessary to rrgulate and define the nature of the property given and acquired 011 the creation of a patni taluk as above described, also to declare the legality of the practice of underletting in the manner in which it has been exercised by patnidars and others, establishing at the same time such p~ovision s aa have appeared calculated to protect the under- lessee from any collusion of hi, immediate superior with the zamindar or other, for his ruin, as well as to secure the just rights of the zamindar on the sale of any tenur,. under the stipulations of the original engagements entered into with him. It has further been deemed indispensable w fix the process by which the said tenure~ are to he br0ught to sale, and the from and manner of conducting such sale and Whereas the estates of zamindats under engagements with Government are liable to bl" brought t.> sale at any time for an arrear in tht: revenue payable by monthly kists to Government, it has •eem~d just to allow any zamindar who may have grant• ed tenures with a stipulation of the right to sell for arrears the opportun•ty of availiug himsdf of this means of realizing his dues in thl' middle of the year, as well as at the close, instead of only at the end of the Bengal year 1 as heretofore allowed by the Rrgulations in force ; it has further been deemed equitable to extend this rule to all cases in which the right of sale may have been rcs~rved, even though, in conformity with the Regu- lations het ctofore in force, the stipulation for salt: ( ontained in the cn~;..gem(~nts interchanged may have restricted such sale to the C3se of a demand of rent remaining unpaid at the close of the Bengal year. .l * * *