—
—
FYZ
442 Groves.
8.
"Baghat."
four classes 1st
been found
Groves have
to
be
of
—Belonging to the existing proprietor.
27id —Belonging 2rd—Belonging —Belonging 4ith
to the former proprietor. to " shankalpdars "
and
" birtdars."
to ryots.
of these are, of course, part and parcel of the owner's property; the second and third classes pertain to subordinate tenures. In all three classes the existing right, superior or subordinate, as the case may be,
The
first
extends to both the lands and the
trees.
fourth class of groves has its origin in verbal arrangements entered or sub-proprietor and his cultivators. The rights of the latter in such groves extend to eating the fruits, gathering wood, and cutting down trees for home use, in roofing a house, making farm implements, and the like. The tenure ends on the cultivator leaving the village. He could not replace the trees without special permission to that effect. The
The
into
by the proprietor
—
landlord takes no rent for grove lands but he can claim fruit on festive occasions, and he might fell a tree if he required it.
9. "Biswi" (a.) When a whole village, or entire fractional holding, was mortgaged under the native rule, it was usual for the mortgagee to obtain both possession of the land and engagement with Government. Occasionally, however, the mortgagee obtained possession only, without direct engagement and, in such cases, after deducting his interest from the assumed rental, he paid the estimated difference in the shape of a quit-rent During revision of to the mortgagor, under the name of "purmsana." settlement, in cases where redemption could no longer be allowed under the local limitation rules, the mortgagee has invariably been declared to be .
the proprietor.
In the case of lands less in extent than a fractional portion of a such holdings under the native government always remained attached to the parent village. The gross rental of such lands was assumed at the time of the transaction the interest of the loan was than deducted from the item so assumed, and the difference, called purmsana, was the The instances quit-rent to be paid by the mortgagee to the mortgagor. In either case the mortin which no such quit-rent was fixed were rare. gagor paid the Government demand. The former universal custom and condition as to re-entry was that repayment of the loan might always be made at the end of the season, when the crop was off the ground but the ruling of settlement circular No. 4-5 of 1864 is, that in such cases the twelve-year rule is to be applied, counting from the time that either party set the conditions of original agreement aside. Our procedure is now in accordance with this ruling and, where redemption cannot follow, the mortgagee is decreed an intermediate title, subject to the pajrment of the Government demand, plus 5 per, cent. (b.)
village,
