Section 12 in The Bengal Land-Revenue Settlement Regulation, 1822
12. In estates held under pattidari, bhaiya-chara or like tenure, Collectors may re-allot revenue and charges payable by several parceners.
- First. - In cases in which the proportion of the Government jama and village expenses payable by each proprietor and by each body of proprietors comprised in several pattis, behris and other division of an estate held under pattidari or bhaiya-chara tenure or the like may have been originally fixed on a measurement of the lands occupied by each, with reference to the quantity in cultivation, and may be liable by the usage of the country to periodical adjustment on the same principle, if the Collector or other officer making or revising the settlement shall be satisfied, by examination of the patwaris accounts or otherwise, that the contributions paid by any proprietor, or body of proprietors as aforesaid, are materially in excess of the amount justly demandable from them, it shall be competent to him, with the previous sanction of the [Board] [Substituted by Schedule II of Act 1 of 1903, for the word 'Boards'.] to cause a new distribution to be made of the revenue and charges payable by each, with reference to the above principle, and to such resolutions as the [State] [Substituted by ALO.] Government may have passed to the apportionment of the net rent or profits arising out of the limitation to the Government demand, and in the performance of this duty to employ the kanungo and such person as he may judge it advisable to appoint, and to settle the jama payable by the different parties according to the award of such person or persons, or otherwise as shall appear to be just and equitable.And in certain cases may make fresh partition of land. - Second. - In like manner, in cases in which the several proprietors shall be entitled not only to an adjustment from time to time of the jama payable on account of the lands occupied by them, but likewise to a periodical partition of the land of the village, with reference to the share recorded as belonging to each, it shall be competent to the Collector or cause fresh partition of the lands and adjustment of the jama to be made as above prescribed, and at the same time to fix and declare the period from which the arrangement as finally settled is to have effect, and to adjust the claims of the parties relative to the revenue intermediately paid by them, as may appear equitable:Provided, however, that no such partition or adjustment shall be final until confirmed by the Board [* * *] [The word 'of Commissioners' Repealed by Act 16 of 1874.] or other authority exercising the powers of that Board.Cases in which parties affected by Collector's decision may contest it in Court. - Provided also, that, if any parties shall dispute the existence of the usage under which the partition of the lands shall have been made, and shall claim to be restored to possession of the lands which the Collectors may have transferred to another, or shall consider himself entitled to the benefit of a new partition of the lands comprised in the mahal to which he may belong, in any case in which the Collector may have refused to order it, shall be competent to the said party to bring a regular suit in the Zila Court against the person or persons to whom the land may have been transferred, or the person or persons who may resist the partition, to try the justness of the Collector's decision; but, if the existence of the usage shall be admitted or established, it shall not be competent to the courts of Judicature to question the accuracy of the partition of the land or adjustment of the jama.On what points Revenue Officer's decision conclusive. - And, whenever the decision of a Collector for the partition of any land shall be set aside, it will of course belong to Revenue Authorities to re-adjust the jama with reference to the interests of the parties as defined and settled by the final decision of the Courts of Judicature, and to the conditions of the tenure, and to any general or special resolution of the [State] [Substituted by ALO.] Government relative to the distribution of the rent or profit arising out of the limitation of the public assessment.
