Section 5 in The Bengal Land-Revenue Settlement (Resumed Kanungos and Revenue Free Lands) Regulation, 1825
5. Modifications of enactments relative to settlement of resumed jagir, altamgha madamash, aima or other badshahi grants, and to resumption of lakhiraj tenures.
- In modification of the existing rules contained in [the Regulation] [Substituted by Act 12 of 1819 for 'Regulation'.] 37, 1793 [* * *] [The figures and words '42, 1795, and 36, 1803', repealed by Act 12 of 1819.] or any other Regulation in force, relative to the settlement of resumed jagirs altamgha aima and other grants of land termed badshashi or royal: and generally in qualification and explanation of all the rules in force relative to the resumption of lakhiraj tenures, and the future assessment of lands composing the same, it is hereby further declared that whenever such tenures may be pronounced invalid or extinct by a Revenue [Board] [For the present constitution and powers of the Board of Revenue, see B. and O. Act 1 of 1913.] or other authority empowered to investigate the lakhiraj title in such tenures, under the provisions of Regulation 2, 1819, or of any other Regulation in force it shall be competent to the [State] [Substituted by ALO.] Government, on a special report of the circumstances of the case when it may appear just and proper in consideration of the long possession of the actual occupant of the land or of his ancestors, to direct his continuance in possession, though not the zamindars, talukdars or other maliks of the land on his engagement for the future assessment on such terms as may be prescribed by the [State] [Substituted by ALO.] Government and in such cases the whole of the provisions contained in Sections 2 and 3 of this Regulation shall be deemed applicable, and be maintained by the Courts of Judicature accordingly.
