N.-W. P.&O. 

 III. of 1901 



130 APPENDIX TO CHAPTER VI 



N.-W. p. &0. (i) All expressions which are defined by section 4 of the 

 }\j^^-^^°^^ North- Western Provinces Tenancy Act, 1901, or by section 4 

 of the North- Western Provinces and Oudh Land Revenue 

 Act, 1 901, shall, subject to the provisions of this Act, have the 

 meanings assigned to them in the said sections respectively; 

 and the expressions ' record-of-rights ' and ' annual register ' 

 shall have the meaning assigned to them, respectively, in 

 Chapter III. of the said last-mentioned Act. 



(2) The expression ' land ' means land which is not occupied 

 as the site of any building in a town or village, and is occupied 

 or let for agricultural purposes or for purposes subservient to 

 agriculture or for pasture, and includes : 



(a) The sites of buildings and other structures on such 



land ; 



(b) A share in the profits of a mahal or sir ; 



(c) Any dues or any fixed percentage of the land revenue 



payable by an inferior proprietor to a superior 

 proprietor ; 



(d) A right to receive rent ; and 



(e) Any right to water enjoyed by the owner or occupier 



of land as such. 



(3) The expression ' permanent alienation ' includes sales, 

 exchanges, gifts, and wills, but does not include any gift for a 

 religious or charitable purpose, whether made inter vivos or 

 by will. 



(4) The expression * usufructuary mortgage ' means a mort- 

 gage by which the mortgagor delivers proprietary possession 

 of the mortgaged land to the mortgagee, and authorizes him to 

 retain such possession until payment of the mortgage money, 

 and to receive the rents and profits of the land and to appro- 

 priate them in lieu of interest or in payment of the mortgage 

 money, or partly in lieu of interest and partly in payment of 

 the mortgage money. 



(5) The expression * conditional sale ' includes any agree- 

 ment whereby in default of payment of the mortgage money 

 or interest at a certain time the land will be absolutely trans- 

 ferred to the mortgagee, and any agreement whereby the 

 mortgagor binds himself to repay the money on a certain date, 

 and transfers the mortgaged property absolutely to the mort- 

 gagee, but subject to a proviso that he will retransfer it to 

 the mortgagor upon the payment of the mortgage money as 

 agreed ; and 



XVIII. of (6) The expression ' legal practitioner ' means any legal 

 ^o79' practitioner within the meaning of the Legal Practitioners 

 Act, 1879. 



