THE OCCUPANCY RIGHTS STRUGGLE 69 



years has clearly been to define and protect the rights 

 of the tenants, it is proved by the evidence before us 

 that the effect produced has been very different from 

 the object aimed at. From all quarters it is reported 

 that the relations between the landlord and the tenants 

 with occupancy rights are not in a satisfactory state, 

 and are becoming yearly more and more hostile ; so 

 much so that a landlord will generally refuse any aid 

 to his occupancy-tenants when they are in difficulties, 

 and will do all he can to ruin them and drive them 

 off the land. The reason for this hostility is that an 

 opposition of interests has been created between the 

 two classes; the occupancy-tenant possesses a bene- 

 ficial interest in the land, and intercepts a portion of 

 the profits which the landlord would obtain if he were 

 able to exact from him the full rent which he can 

 obtain from a tenant-at-will. The landlord is natur- 

 ally but little anxious to help a tenant who is in a 

 position, or on the road to it, in which his rights will 

 make him comparatively independent of his landlord ; 

 and the fact that such rights are in constant course 

 of accrual frequently results in an equally constant 

 series of efforts on the landlord's part to prevent such 

 accrual taking place. When it has been effected, the 

 landlord's object is to harass the tenant and to 

 diminish the value of his occupancy rights by bring- 

 ing suit after suit for the enhancement of the rent. 

 The probable result of such a struggle is in favour 

 of the more powerful combatant, and there is reason 

 to fear that in many parts of the country the occu- 

 pancy rights have been irretrievably impaired, and the 

 point to which the efforts of the Government should 

 be directed is, therefore, to remove this conflict of 

 interests. . . . 



1 We can, however, feel no doubt that in all the 

 provinces of Northern India, and particularly in 

 Bengal, it is the duty of the Government to make 

 the provisions of the law more effectual for the pro- 



