123. What land to be record to be recorded as proprietor's private land.
(1)The Revenue Officer shall record as proprietor's private land-(a)land which is proved to have been cultivated as nij- jote or khamar by the proprietor himself with his own task or by his own servants or with the aid of labourers, for twelve years immediately preceding the passing of this Act; and(b)cultivated land, which though not cultivated in the manner mentioned in Clause (a) for twelve continuous years immediately preceding the passing of this Act, is proved to have been recognised by local custom or usage as proprietor's nij-jote or khamar on the 1st day of July 1916 ; and(c)land commonly known as khanabari, that is to say, land, whether cultivated or not, which is proved to have been recognised as included within an area reserved by the proprietor or permanent tenure-holder for the accommodation of his family and relations or of his personal and estate staff, for the which no rent is realised.(2)The word "proprietor" in Sections 120 and 121 in Clause (a) of sub-Section (1), and in sub-Section (4) of this section includes a permanent tenure-holder and a jotedar and in Clauses (b) and (c) of sub-Section (1) it includes a permanent tenure-holder.(3)Any nij-jote or Khamar land held by a jotedar shall, notwithstanding such record, ceased to be nij-jote or khamar if at any time after the passing of the Act it is held by a tenant or tenants under such jotedar for twelve years continuously.(4)if any question arises in any Court a to whether any land is not a proprietor's private land, or as to whether in the case of jotedar any such land has ceased to be nij-jote or khamar, the Court shall have regard to the principles laid down in this section for the guidance of Revenue Officer.
