Section 3 in The Bengal Patni Taluks Regulation, 1819
3. First. - Patni tenures declared valid transferable and answerable for debt.
- The tenures known by the name of patni taluks, as described in the preamble to this Regulation, shall be deemed to be valid tenures in perpetuity, according to the terms of the engagements under which they are held. They are heritable by their conditions : and it is hereby further declared that they are capable of being transferred by sale, gift or otherwise, at the discretion of the holder, as well as answerable for his personal debts, and subject to the process of the Courts of Judicature, in the same manner as other real property.Second. - Patnidar's right of under-letting. - Patni talukdars are hereby declared to possess right of letting out the lands composing their taluks in manner they may deem most conducive to their interest ; and any engagements so entered into by such talukdars with others shall be legal and binding between the parties to the same, their heirs and assignees :Provided, however, that no such engagements shall operate to the prejudice of the right of the zamindar to hold the superior tenure answerable for any arrear of his rent, in the estate in which he granted it, and free of all incumbrance resulting from the act of his tenant.Third. - Patni tenure not voidable for arrears. - In case of an arrear occurring upon any tenure of the description alluded to in the first clause of this section, it shall not be liable to be cancelled for the same ; [* * * * * *] [Words and figures 'under the rule contained in the seventh clause of section 15, Regulation 7, 1799, for leases conveying a limited interest in the land.' repealed by Act 16 of 1874.] but the tenure shall be brought to sale by public auction, and the holder of the tenure will be entitled to any excess in the proceeds of such sale beyond the amount of the arrear of rent due, subject, however, to the provisions contained in section 17 of this Regulation.[Fourth. - Subject to the provision of section 14A of this Regulation, an arrear of rent shall, notwithstanding anything contained in any other section of this Regulation or in any engagement between the zamindar and the talukdar whether entered into, before or after the commencement of the Bengal Patni Taluks Regulation (Amendment) Act, 1941, bear simple interest at the rate of six and a quarter per centum per annum from the expiration of that quarter of the agricultural year in which the instalment falls due to the date of payment or of sale of the tenure under this Regulation or of the institution of a suit for arrears of rent, whichever is earlier.Explanation. - The term 'agricultural year' has the same meaning as in clause (1) of section 3 of the Bengal Tenancy Act, 1885.] ['Fourth' clause with Explanation inserted by Bengal Act 10 of 1941.]
