1839.] Report on the District of Azimgurh. 97 



were familiar with the forest, fixed their residence on some favorable 

 spot, and began to cultivate ; and when a settlement came to be made, 

 appeared to be the most convenient persons to admit to engagements 

 for the land. Thus the villages of Tumbolee in Tuppah Phurchuk 

 Havelee, Pergunnahs Nizamabad and Muhason, in Tuppah Chit- 

 pore, Pergunnah Mahomedabad, are held by Aheers. 



39th. These instances serve to show in what way the original pro- 

 prietary right, resting on conquest, may have often terminated, and 

 been replaced by another right founded on grant of the ruling power, 

 actual usurpation, or voluntary act, sanctioned by sufferance. It is 

 immaterial now to discuss the validity or the legality of the circum- 

 stances, which originally created the right previous to our rule ; it was 

 asserted and maintained whenever there was strength enough to sup- 

 port its assertion. Since our rule commenced, it has been recognized, 

 legalized, and consolidated. When no other private rights are pre- 

 judiced by the recognition, its admission must be beneficial. 



40th. Under the circumstances stated above, the proof of the pro- 

 prietary right is of very different degrees and nature. 



41st. It is of course strongest where the village communities have 

 flourished for centuries, and where they have been powerful enough to 

 hold together, and to keep out intruders. In other cases, where the 

 origin of the right is not so clear, we find it settled on the prescription 

 of many years, and capable of immediate adoption. Generally in the 

 formation of a settlement, possession is the point regarded, and if this 

 be for only a few years, it is still sufficient to give a title, till a better 

 be shown ; it being always borne in mind, that possession is only good 

 as far as it goes, and that a Talookdar who has been recorded by us 

 as Zemindar, may still have below him bodies of people, exercising full 

 proprietary rights, and entitled to the recognition and confirma- 

 tion of all those rights. In the settlement however of Towfeer 

 Mouzahs, and of resumed Maaffees, the greatest difficulty often occurs. 

 Here the proprietary right has been long in abeyance. All around a 

 proprietary right is exercised, and has been so for ages, so that there 

 is every reason to believe it has existed on the spot in question, but 

 it has been in abeyance once, and perhaps disputed for so many years 

 as to be difficult of determination. If wells have been dug, or trees 

 planted, or bunds erected on the spot, these are always appealed to as 

 proofs of old proprietary right. The enjoyment of the fruit of the trees, 

 or of the fish of the ponds, or of any other of the spontaneous products 

 of the soil, are adduced as proofs of possession of that right. It is a com- 

 mon and convenient practice to refer to the Canoongoe's records, 

 though these are of doubtful authority. Under present rules the case 



