1839.] Report on the District of Azimgurh. 107 



or at least only a right to some small item of Sayer, still it is 

 given with great reluctance,, and only under the sternest necessity, and 

 on account of the higher value attached to the privileges it represents, 

 may command a considerable sum. 



66th. A similar distinction often exists in titles acquired otherwise 

 than by mortgage. In the village of Burragoon, in Tuppah Chitpoor, 

 Pergunnah Mahomedabad, there were two Puttees in one half of the 

 villages, and only one in the other half. The owners of the lat- 

 ter found themselves numerically the weaker, and fearing that 

 they might be overborne by the two Puttees, summoned a distant 

 member of the family from a neighbouring village, gave him an interest 

 in their half, and had his name inserted in the engagements with 

 Government, together with the representative of their Puttee. There 

 was much waste land in the village, and it was agreed that in each 

 half the waste land was to be apportioned on the Seer of the pro- 

 prietors. The stranger claimed his share, the owners of the one Puttee 

 resisted it. On further inquiry it was discovered that the stranger 

 had acquired a right to certain fields only, not to a share, he was an 

 owner of khet not of khoont, and his claim of course fell to the ground. 

 This is an instance of one of the modes, in which the practical bearing 

 of the distinction developes itself. 



67th. The mortgage bonds of this sort are frequently worded so as 

 to be deeds of sale, and yet by common custom redemption is allowed. 

 It is astonishing what good faith is generally observed among the 

 members of the large Rajpoot communities regarding these mortgages. 

 A member may have been absent for years, but when he returns 

 to his village in circumstances admitting of the redemption of his 

 share, a meeting of the community is held, his share is determined 

 and given up to him, or the mortgaged fields traced out and restored. 

 An attempt to resist any claim of this sort is highly reprobated 

 amongst the Rajpoots, and indelibly fixes a stain upon the person who 

 resists. Unfortunately the artificial system which is springing up 

 under the influence of our Courts weakens and undermines this 

 generous conduct. Supported by the strong arm of our civil power, 

 a man will now venture to brave the hostility of a community, which 

 in another state of Society, would summarily have enforced its own 

 award. 



68th. The man in possession is now supported by the Government 

 till he is ejected by the decree of a Civil Court. The usual way of 

 resisting claims of redemption is either by pleading actual sale, 

 instead of mortgage, and taking shelter under the rule of limitation, 

 which bars the admission of a claim after a certain period, or admit- 



