Reports of the High Court of Judicature, for the North-Western Provinces, 1866-1868 Volume 1 (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. 1907 edition. Excerpt: ...m. p. 32$, 4 Conferred on them the right to see or oust n ro-sharcr in default, and consequently the right alter ouster to deal with the holding of the defaulter as they please. In effect the lumberdars of mehal adaee are by the rooiikaree of settlement constituted as it were Zemindars with respect to the resumed maa/ee estate, and the co-sharcrs in the different puttees would seem to hold (heir shaves not direct from Government hut under the Ivmberdars of mehal adaee. It is clear that they do not fall within the terms of tiic last Clause of Section 2 of Act I. of 1P41: lor thern are none of them who as lumberdars have contracted with Government for the payment of the revenue on behalf of themselves and the other co-sharers. There is also the fact which appears to us to he decisive of this case, that the Government has no direct remedy against the co-sharers in the puttees if they fail to pay the revenue assessed, nor can it bring to sale thcr lands which it undoubtedly could do if these putteedaree estates were such as are described by the 2nd Section of Act I. of 1841. The cosharers not being directly responsible to Government but to the lumberdars of adaee, and those lumberdars being responsible to Government, it is against the latter and their rights and interests only that Government can proceed, and in the event of an auction sale being made for arrears, the rights of the co-sharers in the puttees would not be affected by it. We are, therefore, of opinion that the land in respect of which the plaintiff claims pre-emption is not a share of a futUedaree estate within the moaning of Section 2 of Act. of 1841, and it, therefore, follows that the right of preemption given by the Act cannot attach to it. The appeal is decreed, the decisions of...