108 Report on the District of Azimgurh. [Feb. 



ting the mortgage, by bringing forward a long counter-statement of 

 expenses incurred in maintaining possession of the mortgaged lands, 

 or in cultivating them. This account may be swelled to a length far 

 exceeding the value of the land, or the means of the mortgager, and 

 he is at the same time tempted to bring forward a counter-claim for 

 the refund of mesne profits. A case of this sort can only be settled 

 by arbitration. In some parts of the district, as in Tuppahs Chowree 

 and Koobah, Pergunnah Deogaon, the admitted custom is, that re- 

 demption takes place on payment of double the mortgage money, and 

 here disputes of this sort are less liable to cause litigation. The 

 village of Ailwul, held by a body of Bissen Rajpoots, which includes 

 a part of the town of Azimgurh itself, is an instance of the ruin which 

 disputes of this sort occasion. Two of the Puttees deserted the village 

 during the oppressions of the period prior to the cession. After that 

 they returned and reclaimed their shares. This was resisted by the 

 remaining proprietor, who had borne all the difficulties which had 

 led to the expulsion of his weaker brothers. The arbitrators absolute- 

 ly, and free of expense, restored their shares to the claimants. A bloody 

 affray ensued, and the subsequent bitter animosity between the parties 

 compels the constant interference of a Suzawul on the part of the Go- 

 vernment to collect the Jumma for the several individuals separately. 



69th. The system of Beegah-dam, however, very frequently prevails 

 in villages where the shares are the subject of dispute, and here the 

 greatest animosity prevails. The lapse of a share by failure of issue, 

 the conflicting claims of children by different mothers, and the irre- 

 gular transfer by widows, who may retain the management of their 

 husband's land, are amongst the fruitful sources of these dissensions. 

 Here the contending parties dispute to the utmost the point of in- 

 herent right, and when driven from that, the predominant party fall 

 back on the question of village custom ; and dropping all mention of 

 the manner in which they originally acquired their large portion of 

 Seer, claim the maintenance of the custom which makes it the cri- 

 terion of their interest in the village. 



70th. The circumstances of Tolookah Sithwul, Tuppah Phurchuk 

 Havelee, Pergunnah Nizamabad, so clearly illustrate many of the 

 curious and difficult questions attending cases of this sort, that I 

 cannot refrain from mentioning it somewhat in detail. 



71st. This Talookah originally belonged to a family of Rajpoots, 

 who are now represented by four branches. Between the years 1085 

 a. f. and 1130 a. p. (a. d. 1677-1722) they sold the estate to a 

 Ranee of the reigning family at Azimgurh, who founded on it a 

 Bazar, now called Ranec-ka-Serai. It was subsequently re-purchased 



