Section 44 in The Bengal Land-Revenue Sales Act, 1859
44. [] [For limitation of time for making applications for registry of tenures under Sections 40,43 or 44, see the Bengal Act 3 of 1867 vide section 2.] Registration of old tenures.
- Tenures of the first and second exceptional classes in Section 37 may be registered at the option of the holder; and when so registered shall be entered only in the special register.Application for such registry shall contain the particulars specified in Section 40 so far as the same are ascertainable, and notices shall be served and issued in the manner prescribed in Section 41.If within the limited time no objection is made by any recorded proprietor or by any party interested not being a proprietor, the Collector shall make such inquiries as may be necessary to satisfy him as to the validity of the tenure; and, if the result be to satisfy him that the tenure is valid, he shall report the case to the Commissioner, who if also satisfied that the tenure is valid, shall direct it to be entered in the special register; otherwise the application for registry shall be rejected.If within the limited time, any recorded proprietor or other party as aforesaid object to the registry of the tenure, the Collector shall examine the person so objecting or his authorized agent, and, if it shall appear to him that such person has probable ground of objection, shall suspend proceedings and refer the parties to the Civil Court; otherwise he shall proceed as if no objection had been made.If the decision of the Civil Court be in favour of the applicant, the Collector, on the presentation of a copy of the final decree, shall proceed as above provided for cases in which no objection is made within the limited time:Proviso. - Provided always that nothing contained in this Section shall be understood as rendering registration necessary for the protection of bona fide tenures of the description herein referred to.
