Section 11 in The Bengal Patni Taluks Regulation, 1819
11. First. - Tenure to be sold free of incumbrance by act of defaulter.
- It is hereby declared that any taluk or saleable tenure that may be disposed of at a public sale, under the rules of this Regulation, for arrears of rent due on account of it, is sold free of all incumbrances that may have accrued upon it by act of the defaulting proprietor, his representatives or assignees, unless the right of making such incumbrances shall have been expressly vested in the holder by a stipulation to that effect in the written engagements under which the said taluk may have been held.No transfer by sale, gift or otherwise, no mortgage or other limited assignment, shall be permitted to bar the indefeasible right of the zamindar to hold the tenure of his creation answerable, in the state in which he created it for the rent, which is in fact his reserved property in the tenure, except the transfer or assignment should have been made with a condition to that effect, under express authority obtained from such zamindar.Second. - No under-lease to stand after sale. - In like manner, on sale of a taluk for arrears, all leases originating with the holder of the former tenure, if creative of a middle interest between the resident cultivators and the late proprietor, must be considered to be cancelled except the authority to grant them should have been specially transferred ; the possessors of such interests must consequently lose the right to hold possession of the land and to collect the rents of the raiyats ; this having been enjoyed merely in consequence of the defaulter's assignment of a certain portion of his own interest, the whole of which was liable for the rent.Third. - Exception in favour of bona fide engagements with raiyats. - Provided, nevertheless, that nothing herein contained shall be construed to entitle the purchaser of a taluk or other saleable tenure intermediated between the zamindar and actual cultivators to eject a khudkast raiyat or resident and hereditary cultivator, nor to cancel bona fide engagements made with such tenants by the late incumbent or his representative, except it be proved in regular suit, to be brought by such purchaser for the adjustment of his rent, that a higher rate would have been demandable at the time such engagements were contracted by his predecessor.
