536 On the tenures and fiscal relations of [No. 164. 



of cultivators: " Unless we suppose the ryuts to have been the actual 

 " slaves of the zemindars, every beegah of land possessed by them must 

 "have been cultivated under an express or implied agreement, that a 

 "certain sum should be paid for each beegah of produce, and no more. 

 " Every Abwab or tax imposed by the zemindar over and above that 

 "sum is not only a breach of that agreement, but a direct violation of 

 u the laws of the country. The cultivator has therefore in such case an 

 "undoubted right to apply to Government for the protection of his 

 " property, and Government is at all times bound to afford him redress." 

 This spirit pervades the whole body of law relative to the rights of the 

 agricultural community. His Lordship again declares, " That the pri- 

 e ' vilege which the ryuts enjoy of holding possession on the spots of 

 " land which they cultivate so long as they pay the revenue assessed 

 " upon them, is by no means incompatible with the proprietary rights 

 " of the zemindars; whoever cultivates the land the zemindars can 

 " receive no more than the established rent, which in most places is 

 "fully equal to what the cultivator can afford to pay. The zemin- 

 dars however may sell the land, and the cultivator must pay the 

 rent to the purchaser." Now, although it is probable that any at- 

 tempt on the part of the ryut to produce evidence of express agree- 

 ment as to the terms of the original contract under which he broke 

 up the soil, must fail, and although the nature of the implied agree- 

 ment must have been dependent on so many circumstances, in which 

 the lapse of time must have wrought such a change as to leave no 

 trace by which to assist the formation of the judgment regarding 

 them, yet evidence will be generally procurable as to what the rate 

 has been, and in the absence of all proof to the contrary, it is assumed 

 that this is what it ought to have been ; and the fact of having held 

 this rate confers on the cultivator a prescriptive title to continue to 

 do so, and in this way a title to hold rates fixed by time and custom 

 constitutes a good and valid tenure. Then again this title to hold at 

 established rates, may be attached to particular spots of lands, par- 

 ticular villages, particular classes in a village, particular divisions 

 of the country, or peculiar local custom. The first, and in some 

 respects, most valuable is the right to hold particular spots of land 

 on payment of a rent fixed by custom ; the land so held constitutes 

 what is known by the name of, Mokuddum ryuttee jote, (answering 



