Mode of payment of Division of profit and For recovery of Gomulbeh. loss. vernment balances. ment jumma. In the event of the decease of the sudur lumberdars, the proprietors will themselves select successors. And if a cultivator dies before harvest, his heirs, and not the proprietor, shall be entitled to the emblements. In case of a change in the rates, notice thereof must be given six months previously in the tahseel office. The putwaree's dues are leviable from all the maliks at the rate of anna per rupee on the amount of the Government jumma. The pay of the chokey dars is three rupees per mensem to each, payable from the house tax of one anna per mensem from each malik or other resident. Any excess arising from these chowkeedaree collections, is to be thrown into the general fund, to be kept by the putwaree for the purpose of defraying the expenses of the choapal, the entertainment of strangers and travellers, and charity to faquees. On these conditions the estate has been settled for thirty years, from 1244 to F. S. 1273, and should it hereafter appear that any proprietor or cultivator is not included in the record, Momin Ali, the kanoongoe, and Eesree Bukhsh, mohurir, who were deputed to the village to obtain the signatures of all parties to the contract, wil. be held responsible. We subjoin a few more documents to prove what precise information is now obtained respecting the rights and interests of the whole rural population, on which the Court of Directors have frequently confessed themselves ignorant, and about which they have charged their servants with knowing little more than they did themselves. In their revenue letter to Bengal, dated 17th March, 1815, they remarked, that with every disposition to do justice to the merits of Mr. Colebrooke's minute, to which they had been referred, they could obtain from it no distinct and satisfactory explanation respecting the tenures of the landholders. They object to it, that it has not stated the method in use for overcoming the difficulties which must necessarily occur, both in the management and transfer of a property held in common, whether each share is held responsible only for its own assessment, or whether the whole land of a village is answerable for the whole Government jumma of that village; on the latter supposition, whether in the event of one sharer falling in arrears to Government, and the other sharers failing to making good that arrear, the whole land of the village is exposed to sale; who, in such cases, are generally the pur-. chasers, and what becomes of the former putteedars, and if the arrears of a defaulting share are paid up by the other sharers, whether the latter possess any means of indemnifying themselves. They also inquire what are the rights of the cultivating ryots, when the zemindars are not themselves the cultivators, what proportion of the gross produce of the soil they pay to the zemindars whether this is paid by custom, by agreement, or by the discretion of the ze mindars, and paid in kind or commuted into money, whether the proportion is the same in all situations or varies in different pergunnahs, and in different species of soil in the same pergunnah, whether a zemindar can legally disposses a resident ryot who has regularly paid the customary rent for his land to make way for one who may engage to pay more, what rules have been digested to enforce the grant of pottalis, and thereby to avert the manifold evils which have resulted from the total inefficiency of the regulations for that With exception to the latter clause, as purpose in the lower provinces. pottahs are worse than useless in this presidency, we believe, there is not one of these points left unadjusted in the present settlement proceedings. see whether the court's queries cannot be answered by a mere iqrarnama. FORM OF ENGAGEMENT. Let us We, the undersigned, Ramsookh, Bhosoo, Jehangeer, Chaitram, Ramdyal, Sheo Ram, Ram, Ramsookh, Gopaul, Goolzara, Hurjeet, Bikroo, Dhownkul, Kowreea, Maha, son of Subba; Kànhã, Gour Sâhâë, Ramkulla, Salowta, Sepahee, Atteea, Sabir, and Asa, being proprietors of mouzah Khaee Kherah, pergunnah Khyrabad, do agree as follows: Whereas the settlement of this village was made with us by the settlement collector at an even annual jumma of Rs. 1,571 for 30 years from 1244 to 1273 F. S. 1st. We the proprietors have unanimously appointed Ramsook, Bhickroo, Gour Sahâë, and Salowta, as managers of the affairs of the estate, through whom the Government jumma will be punctually paid as fixed by instalment. 2d.-The mode of contribution among the proprietors is according to ancient custom, vis. by assuming the khalsa land to consist of 120 beegas (imaginary not real) which being divided among the several sharers, the allotment of the jumma falls upon each at 13 rupees 1 anna and 6 pie per beega. The general superintendance of the ryutee cultivation rests with the Suddur malgoozars, but the profit and loss upon the collections therefrom, is to be distributed amongst the sharers according to the extent of each party's possession. In case of balance, so much of the right of the defaulting proprietor will be sold by public auction as will satisfy the arrear; or if the law will not admit of this arrangement the puttee shall be transferred to the oldest proprietor whoever he may be, who is not bound to restore it till his expenses and interest at 12 per cent. have been fully reimbursed. 3d. The rates of the hereditary cultivators are fixed and registered. Should a tenant at will' cultivate the lands of any sharer, all rates whether for grain or money will be fixed at the commencement of the year with reference to the quality of the soil, and settled by written agreement. No unauthorized exactions whatever shall be made. In case of any contemplated change in the rates, previous notice thereof will be given to the tahseel office. 4th. The mulbah of the village is defrayed at the putwaree's office. At the close of the year the collections are made on that account by a per centage on the portions of the jumma payable by each sharer. Should any ryot become insolvent or desert, his liabilities to Government fall on the whole body of proprietors who have unanimously consented to this arrangement. 5th. This village is divided into 4 thokes or portions, and their lands are entirely separate. All the trees are the property of the sharers on whose land they grow, and it is not usual to sell them. 6th. The putwaree's dues are of a seer in every maund. The chokeedar receives We will not interfere with the annually 10 kutcha seers of grain from each cultivator. lakhiraj lands. We will obey all orders of the police, and we hold ourselves responsible for the repair of the roads as well as for the payment of fines, independent of the Government jumma. 7th. We will adhere to the ancient usage of allowing the lumberdar's son to succeed to his father's office. The amount of our several contributions is stated at the foot of the engagement, to which we all of us in the presence of witnesses voluntarily subscribe our names. It is to be noted that we have recorded below our old village private measurement; but the putwaree has registered the corresponding fields according to the khusrah, and his papers can be appealed to at any time should any necessity for identification ever arise. We the undersigned-Ajba, son of Koondun; Khowanee and Gomanee, sons of Zowkee Chhungo, son of Ihunda; Mohur Sing, son of Nuthwa; Nuthwa, son of Danee; Rutya, son of Hursâhâë; Jubba, son of Kaisuree; Munna, son of Aikram; Nowrung and Sahub Sing, sons or Mowjee; Sulusdeo, and Dya Kurn and Kunhya, his sons; malgoozars of mouzah Allahdadpoor. alias Mutnowrah; purgunnah Gorehur; do execute this indenture under the following stipulations. Whereas the settlement of the village at the jumma of 775 rupees per annum was concluded by the late collector with us, and has been now renewed by the settlement officer at the same jumma from 1244 to 1273 F. S.: a period of 30 years. We have all and each of us unanimously agreed. 1st. To be severally responsible for the Government revenue, which was, hitherto, paid by Ajba on our joint responsibility. We have divided the jumma as follows: Grain rates.-A moiety of the produce from unirrigated lands and 2-5ths from irrigated lands. On account village expenses, 2 seers in each maund from both shares of the crop, and one anna per rupee on the zubtee. Those who pay at fixed rates or cultivate their own lands are to pay by Bach according to the putwaree's papers. 3dly. The balances accruing on any particular lot, will be made good from the assets of the defaulting lot-holder. 4thly. Nothing in excess of recorded rates will be exacted under any pretence whatever. In case of any change being about to take place in the rates, previous notice thereof to be given at the tabseel office. 5thly. ordinarily expenses, such as tulbaneh for collecting, &c. are payable by us, and will not be included in the mulbeh. The expense of journies to and from the suddur, judicial processes repair of roads, fines, &c. which are all public disbursements, will, of course, be included in the mulbeh. The dues of the putwarees, chokeydars, &c. will be paid by us as follows: The cultivators from whom mulbeh is collected, as specified in sec. 2 of this agreement, have nothing to do with the payments herein noted, but they are to pay the dues of Belahur, in grain, according to usage. 6thly. The trees standing on lakhiraj lands are the property of the lakbirajdars. There are two gardens on this estate, one in Nowrung's lot, and the other in that of Mowjee, the produce of them exclusively belongs to those persons. The keekur trees belong to the persons in whose fields, they are growing, and are not to be considered common property. 7thly. There are 47 k. beegas of charity and mafee lands in the village not included in the khalisa. Byrâgy. 500 Purrohit. Pundit. 22 0 0 Kâbâr. Total. And 200 kutcha beegas of khalsa not included in any of the khokes, are assigned to Mowjee for his dues of chiefship, with which we have no concern. There is no common lien on any portion of the village, save a little dhoor and a tank; and, although at present nothing is produc ed in them, yet they are to be considered common to all, in case of any treasure being dug up, or any land being required for matters of public convenience. 8thly. We are responsible for the due execution of all orders of the courts, the repairs of roads, fines, &c. 9thly. Should any of the proprietors become insolvent, or desert, or leave no heir, his immediate malgoozar will be held responsible for the revenue. In witness of these presents, dated the 8th July 1836, we severally subscribe our signatures. |