The Weekly Reporter Volume 3; Appellate High Court (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 Excerpt: ...would ultimately prevail where the rates were fixed not on each kind of produce, but on each quality of land, and thus there Vol. III. was fixed "a specific sum for a certain quantity of land, leaving it to the option of the ryots to cultivate whatever species of produce may appear to them likely to yield the largest profit." In this case, it is evident that, without some mode of enhancement, the zemindar would benefit neither by the introduction of new products, nor by the rise in value of the old products. The expression in Lord Cornwallis's Minute, that the zemindars are to benefit by " inducing the ryots to cultivate the more valuable articles of produce," does not seem to occur in the Regulations; and as respects land held on these money rates, no provision for such benefit seems to be made. In truth, it seems very doubtful whether, if the khood-kasht ryots paying these specific money rates had stood together on the letter of the Regulations and steadily resisted enhancement, they ever could have been enhanced. It is remarkable that, throughout the whole litigation of the long period between 1793 and 1859, no principle of enhancement other than a reference to existing Pergunnah or local rates is anywhere to be found. There have been con flictingdecisions as to the prescription by which a right of occupancy was acquired, and great doubt was thus thrown on that subject; but as regards any rule of enhancement, eitherat discretion, or on any other rule save and except the standard of rates paid by the same class of ryots in places adjacent, there is nothing. We have particularly drawn the attention of the Counsel on both sides to this point, and it is clear that there is no such case. When the customary rates were enhanced, it must have ...