History and Incidents of Occupancy Right- Together with-an Introduction Dealing with Land Tenure in Ancient India (An Old and Rare Book)

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About the Book Land Temer and Occupancy Right have for long exercised the minds of monarchs and governments all over particularly in an agricultural country. The book seeks to present in a clear historical perspective the various vicissitudes the occupancy right had witnessed from the earliest times Our Hinds kings had naturally allowed the proprietary right in agricultural land to vest in the cultivator himself. In spite of the practice of a regular payment to the Treasury of what was supposed to be a voluntary offering by the Ryots for the numerous services rendered by the state, the crown never assumed ownership of such a land. The author recounts graphically the fluctuating fortunes of the tiller under the various Muslim rulers who for reasons of administrative convenience and extension of patronage caused the emergence of a new intermediate class of landholders. But by and large the occupancy right of the grower was not interfered with until the grant to the East India Company of the Dewani of Bengal, Bihar & Orissa by Shah Alum. The establishment of a good government and improvement in commerce effected by the British made things much worse. Demand for land rose phenomenally and this created insurmountable hardships for the Ryots of the country with dispossession becoming the order of the day.

The book deals thoroughly with protective guarantees offered by Act X of 1859. The new legislation unequivocally conferred the right of occupancy on the cultivator and clearly provided against his eviction from the piece of land he had held for a continuous period of 12 years.

The author recalls here that though the new dispensation did provide the much-needed succour to the hard-hit ryots and the tenants-at will, it certainly suffered from glaring inadequacies and failed to anticipate the abuse into which some of its loopholes could result. This was later taken care of by another legislation known as the Bengal Tenancy Act of 1885.

It is indeed a refreshing analysis of the several stages that the 'Occupancy Right' had to negotiate till it was finally validated by the British Govt. The incidents of the Right have also been imaginatively discussed in the book.

Foreword This book is the outcome of the thesis approved by the Calentia University for the 'Onauth Nauth Deb Law Research Prize.'

In the Introduction I have discussel in a general way the subject of Ind Tenure in ancient Iulia. In the portion of the book dealing with the Incidents of Occupancy Right, I have traversed practically most of the important and relevant provisions of the Bengal Tenancy Act, incorporated the most recent leading cases on the subject, and indicated their basic principles in a way which, I venture to think, has not been done in any of the annotated editions of the Act.

My thanks are due to Babu Pankajkumar Gupta, B.L.. Pleader, Berhampore, for his kindly taking the trouble of preparing the Subject Index.

Preface The subject the present thesis "The origin growth the right occupancy incidents naturally divides itself into two origin and growth occupancy right, and II.

incidents. origin and growth occupancy right, I have had the advantage many learned authors who made laborious minute researches into the nature of landed rights this country. attached hereto by exhaustive, of the have consulted and stated fully in footnotes the sources from which particular information derived. While nekn acknowledge them my indebtedness for the informations they have, my independent collected materials ancient Sanskrit the history the country during Mahomedan and Government Reports Minutes, and recorded my sonal observations thereon. research has been conducted. independently without advice from or collaboration others.

The portions the thesis which claim original indicated below. authority that the occupancy right is creation Act of 1859. shew this perusal of our Sanskrit Sastras and also record the Mahomedan rule would convince one that proprietary right the soil always belonged the cultivator and that the King only entitled to a share and never regarded its proprietor. And as proprietary right carries with right of possession, can little doudt that the cultivators in ancient times also the right occupy the rise a class landlords the King and the village community not disturb those cultivators their occupation of the In those days state of society when there was plenty of unoccupied land and population sparse, the competition consequently was amongst tenants land, but amongst.

A tem

Introduction The subject of the present thesis is The grigin and st growth of the right of occupancy in auricultural lands and the th incidents thereof." The subject, no doubt, is a very important one, not to import only from the point of view of a professional lawyer, but an also from the higher standpoint of a student of the science of law. The University of Calcutta by fixing it as the object of this thesis have shewn their genuine appreciation not only of purely scientific researches in the departments of Indian law, but also of the difficulties of a practicing lawyer in dealing with cases involving the law on the subject.. The subject naturally divides itself into two parts 1. The origin and growth of occupancy right.

then proceed to deal with the second. By the expression "occupancy right" is meant the right Definition of a raid to occupy the land comprised in his holding of occupancy inspite of and against the wishes of his landlord to the right contrary. The origin and growth of the right of occupancy can- Enquiry into not be clearly understood without considering generally the history and development of land tenure in this country. history of land-tenure.

The sources of our information as to land tenure during necessary. Hindu the Hindu period of Indian history are, however, very Period. limited. The Hindu law books are singularly defective in respect of the rules relating to the tenure of land, and to the mutual rights of the various classes engaged in its cultivation.

**Contents and Sample Pages**