cclxii 



other, to deter the villagers from engaging for land merely for the 

 purpose of excluding others who might be desirous of holding it direct 

 from Government^ but who objected to take it as their sub-tenants. 

 In cases where the resident ryots should refuse to engage for the waste 

 lands of their village. Government may exercise the right of granting 

 them to the persons applying, who would then hold the same position 

 and possess the same rights in all respects as the other ryots of the 

 village.'^ 



InG.O., 5th June 1857, Government remarked '' we apprehend that 

 the views on this subject recorded by Sir Thomas Munro would be 

 generally acceded to, viz., that Mirasidars had no rights over lands 

 reclaimed by others without their agency, and that their rights in 

 regard to immemorial waste were good against strange ryots but not 

 against the Government ; and it was the established rule, prescribed 

 by your Honorable Court, that waste land in a village was not to be 

 given to a stranger until it was first offered to and refused by the 

 resident ryots or Mirasidars/^ 



The Board in their Proceedings, dated 15th July 1857, observed as 

 follows : — " The Board trust that as regards the provinces, the question 

 is now so far set at rest by the decision of the Court of Directors, as to 

 guide the Revenue officers and that when the old residents of a village, 

 whether they call themselves Mirasidars or not, decline to cultivate 

 (or else pay for) waste land, the usual puttahs may be given to dur- 

 khastdars without forcing them to become sub-tenants of the old resi- 

 dents, and that the influence which the so-called Mirasidars have 

 hitherto exercised in keeping much land out of the occupation of 

 others though not occupying themselves, may be put an end to." 



The above extracts make it clear that the Court of Directors told 

 the ryots somewhat as follows : — 



'' You claim a lot of things under the description of Mirasi rights. 

 We cannot find out what they exactly are and how far you are justly 

 entitled to them. There is one thing we gladly recognise ; it is your 

 right to hold the land you cultivate. There is another thing also we 

 will concede ; it is that whenever we receive an offer to cultivate 

 waste land in your village, we will give you the option of taking it 

 up yourselves, should you be willing to do so. We mean to concede 

 this right not only to you who call themselves Mirasidars, but to ryots 

 of all descriptions, for we do not know what your mirasi means, and 

 we are not going to be bothered with any further discussions on that 

 subject. We wish to see all puttadars, whether belonging to the 

 class of ancient Mirasidars or recently created, placed on an equal 

 footing so far as it is in our power to do so ; and certainly the prefer- 

 ential right which we wish to give them is not only in accordance 

 with long standing custom but also public policy. You must clearly 

 understand that we will not indulge your' dog-in-the-manger spirit of 

 neither cultivating the waster lands yourselves nor allowing strangers 

 to cultivate them, thus preventing extension of cultivation and increase 

 of onr revenue. If you think you can establish such a right you may 

 do so before the Court of Justice." 



This is no doubt a rough and ready solution of a much vexed 

 question, but it has been acted upon and acquiesced in for the last 30 

 years and has now become a part of the common law of the country, 



