544 On the tenures and fiscal relations of QNo. 164. 



at which the levy is to be made. In deciding cases, care must 

 be taken lest the plaint, and the whole proceedings be fictitious, 

 and lest there be collusion, the object being to establish a title by 

 obtaining proof of having collected, or having been declared entitled 

 to collect, or with a view of evading the resumption laws. 



Nerick-i-julker, is the rate of rent paid for the right of fishery in 

 particular waters ; it is levied generally at so much a boat, and is modi- 

 fied according to the description of net used. Local usages prevail 

 with reference to this rent, differing in almost every river, and every 

 bend of each river ; but litigation is less frequent with reference to 

 these than perhaps any other class of rents. 



Engagements to cultivate under a lease become void with the ex- 

 piry of the lease itself; but if the zemindar instead of ousting the ryut 

 at once, serve him a notice for the enhancement of his rents under the 

 provisions of Reg. V. 1812, the service of the notice brings the case 

 under the jurisdiction of the Revenue Courts, and if a balance remain 

 unpaid at the end of the year, the zemindar cannot plead this balance 

 as giving him a right to oust the cultivator under the provisions of 

 Section X. Reg. IV. 1840, before the Magistrate; but having brought 

 himself under jurisdiction of the Revenue Court, must sue for it and 

 obtain a decree under Section XVIII. Reg. VIII. 1819. The occu- 

 pancy for the year without opposition by the zemindar would appear 

 to give the tenant a title from sufferance, which is defined by Black- 

 stone : " Where one comes into possession of land by a lawful title, but 

 keeps it afterwards without any title at all, as if a man takes a lease 

 for a year, and after a year is expired continues to hold the pre- 

 mises without any fresh lease from the owner of the estate :" and the 

 reason is, because the tenant being once in by a lawful title, the law 

 (which presumes no man in the wrong) supposes him to continue 

 upon a title equally lawful, until the owner of the land prove it 

 to be wrongful. Now the Magistrate can only support the zemin- 

 dar in the exercise of undoubted rights ; he by his own neglect 

 suffered a certain cause for doubt to supervene, and must clear it 

 away by suing for any balance of rent as by his notice may remain 

 due at the end of the year; at the end of the second year the cul- 

 tivator has acquired a title of settlement since the expiration of his 

 lease. 



