Section 15 in The Bengal Land-Revenue Settlement Regulation, 1822
15. In settling resumed mahals Collectors may take cognizance of claims to property therein; and may give possession to parties appearing to have best title. Limitation of rules.
- In the settlement of any resumed mahal held or pretended to be held under sanads from the ruling power, or from the amils or other [officers of the Government] [Words 'officer of the Crown' substituted for the words 'officer of Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'Government' substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.], whether such lands shall have been heretofore subject to the payment of revenue or otherwise, it shall be competent to the Collector or other officer making the settlement to hear, try and determine all claims to the property and possession of the land comprising such mahal, or the rents or produce thereof, anything in the existing Regulations notwithstanding, and subject to the orders and direction of the Board of Revenue or other authority exercising the powers of that Board to give possession to, and conclude a settlement with, the party who may appear to have the best title, leaving other claimants to establish their claims by a regular suit in the Zila [* *] [Words 'or Provincial' omitted by Act 16 of 1874.] Court, by which [* * * *] [Words 'according to the value of the interest at stake.' repealed by Act 16 of 1874.] all decisions passed by the Revenue-authorities under the section may, on such suit being fully heard, sued and, determined, and not otherwise, be revised, annulled or altered.The above rule shall not extend to lands held free of assessment under grants made by or at the request of the proprietors themselves or their representatives, the settlement of which shall ordinarily be made with the parties in possession, if willing to engage on adequate terms.
