76 FIXITY OF TENURE 



viction arose that the area held by occupancy tenants 

 was being steadily reduced. In consequence of this 

 conviction the Government instituted an inquiry, which 

 resulted in showing that in 1882-83 the percentage of 

 occupancy on the whole tenant area was 63*92, and in 

 1897-98 the area held by occupancy tenants had fallen 

 to 58*38 of the whole tenant area. This investigation 

 proved that the position of the tenant in what is now 

 known as the Province of Agra had deteriorated, and 

 that whereas Sir Alfred Lyall's figures warranted the 

 inference that in less than half the normal period of a 

 settlement the occupancy area had increased 7 per 

 cent., the later figures showed that there had been a 

 retrogression of approximately 5 per cent., and it was 

 believed by some of the ablest officers of Government 

 that this retrogression was due to the unsatisfactory 

 state of the law. 



The Government accordingly decided to introduce 

 a Bill still further to improve the position of the 

 tenant. This Bill met with spirited opposition from 

 the landlords of the province, who contended that it 

 was not just to infringe the rights of the whole pro- 

 prietary body because a few landlords had abused 

 their privileges. They further argued that the legis- 

 lation proposed in the Bill was inexpedient, because 

 experience proved that the attempt to give legal 

 precision to the tenant's right to considerate treat- 

 ment had embittered the relations between landlord 

 and tenant. The result of past legislation had been 

 to create a divergence of interest between the owner 

 and the cultivator of the land ; the right of occupancy 

 was a diminution of the value of the landlord's 

 property, and a coveted addition to the tenant's 

 possessions. It was inevitable that there should be 

 a constant struggle for the acquisition or retention of 

 this valuable property. The answer to this defence 

 of the unqualified ownership of land was in effect that 

 it is never prudent to assume that the majority of men 



