Tenures in the North- West Provinces. 101 



been ejected, either by appropriation or by re-arrange- 

 ment with a fresh tenant. When the landowner or 

 sub-lessee thus appropriates for his own cultivation 

 such vacant holding, he becomes liable for the rent 

 fixed, and the land thus acquired is denominated sir. 



8. Sir lands. The ziraths of an indigo concern 

 come under the classification of sir ; and the proprie- 

 tor of the concern becomes the tenant of the land 

 so held, with all the liabilities, but none of the rights 

 of the ordinary tenant, within the meaning of the 

 Rent Act. The right of occupancy would not seem 

 to accrue in sir or zirath land, for a tikadar or 

 lessee of a village must prove that he has himself 

 actually cultivated the land in which he claims the 

 right continuously for twelve years. In the case of 

 Hardeo Baksh v. Kallee, Mr. Reid, the Senior 

 Member of the Board, observed : " It is simply pre- 

 posterous to decree right of occupancy to four men 

 in 323 bighas of land which they are shown to have 

 held as lessees. The cultivation or occupation, which 

 is the basis of acquisition of a right of occupancy, 

 is the cultivation or occupation of a cultivator, not of 

 a lessee. 



9. Miikarraries. This term is applied to lands or 

 villages which are leased for ever at a fixed rate of 

 rent, which cannot be altered by the landowner ex- 

 cept at the settlement, and then only when the lessee 



