Act Number: 12

Act Name: The Bengal Land Revenue Sales Act, 1841

Year: 1841

Enactment Date: 1841-07-19

Long Title: AN Act for amending the Bengal Code in regard to Sales of Land for Arrears of Revenue.

Ministry: Ministry of Home Affairs

Department: Department of States

Section 28: Under-tenures elsewhere.
    And it is hereby enacted, that the purchaser of an estate sold under this Act for the recovery of arrears due on account of the same in Districts other than those mentioned in Section XXVII. Shall acquire the estate free from all encumbrances which may have been imposed upon it after the time of settlement, and shall be competent to avoid and annual all tenures which may have originated with the defaulter or his predecessors, being representatives or assignees of the original engager, as well as the agreements with ryots or the like settled or credited by the first engager or his representatives, subsequently to the last Settlement, as well as all tenures which the first engager may, under the conditions of his settlement, have been competent to set aside, alter, or renew, saving always and except bona fide leases of ground for the erection of dwelling houses, or buildings, or for offices thereunto belonging or for gardens, tanks, canals, water-courses, or the like purpose, which leases or engagements shall, so long as the land in duly appropriated to such purposes, and the stipulated rent paid, continue in force and effect. Provided that nothing in this Act contained shall be construed to entitle any purchaser of land at a public sale to demand a higher rate of rent from any persons whose tenure or agreement may be annulled as aforesaid than was demandable by the former Malgoozar, except in cases in which such persons may have held their lands under engagements, stipulating for a lower rate of rent than would have been justly demandable for the land, in consequence of abatements having been granted by the former Magoozars from the old established rated by special favour, or for a consideration, or the like, or in cases in which it may be proved that according to the custom of the pergunnah, Mouzah, or other local division such persons are liable to be called upon for any new assessment, or other demand not interdicted by the Regulations of Government.
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