Madras Regulation XXV of 1802 insisted the landholder to
grant each
tenant a Patta which mentioned the amount to be paid by him
and which explained
every condition of the contract. When a Zamindar refused to
comply with the
demands of his tenants they had the right to sue him in the
Adalat of the Zillah.
After the expiry of a reasonable period of time from the
execution of Kabuliyat, it
was the duty of the Zamindar to renew it. If not he should
be liable to be sued in
the Adalat of the Zillah and the Zamindar should also be
liable to such damages as
Young Uttumalai zamindar with Anglo-officer
In 1803,
25 erstwhile
Palayakkarars received the Sanad-i-Milkiat Istimirar or deed
of permanent
settlement and become Zamindars. They were:
1. Ettaiyapuram
2. Melmandai
3. Attankarai
4. Kadambur (Maravar Zamin)
5. Maniyachi (Maravar Zamin)
6. Shivagiri (Maravar Zamin)
7. Talaivankottai (Maravar Zamin)
8. Avudaiyapuram (Nerkattumseval) (Maravar Zamin)
9. Naduvakuruchi (Maravar Zamin)
10. Alagapuri (Maravar Zamin)
11. Uttumalai (Maravar Zamin)
12. Surandai (Maravar Zamin)
13. Chokkampatti (Maravar Zamin)
14. Urkadu (Maravar Zamin)
Selection from Old Records, Letter No: 124, Madras, 1934, p.
147.
15. Singampatti (Maravar Zamin)
16.Mannarkottai
17. Sennalgudi
IS.Kollarpatti
19. Seittur (Maravar Zamin)
20. Pavali
21. Kollamkondan (Maravar Zamin)
22. Peraiyur
23.Elumalai
24. Sandaiyur
25. Saptur
Palayakkarars lost their military power and became the
subject of the
Company. The military establishments of all the
Palayakkarars were disbanded as
a part of the permanent settlement scheme.
According to the terms of Sanad, the Zamindar was given the
right to
collect land revenue and other items and enjoy the benefits
and pre-requisites
thereof only as long as he was loyal to the Government.
^ H. R. Pate, Tinnevelly District Gazetteer, Madras, 1916,
p. 273.
^Appendices to the Report of the Madras Estate Land Act
Committee, Madras, 1938, p. 35.
"* The Zamindari System in Madras: Government's
Proposals for Abolition. P. 7.
The Terms of the Sanad-i-Milkiat Istimirar
The Zamindar should regularly pay in all seasons the amount
of the
permanent assessment. The remissions which had been granted,
according to the
custom of the country, on account of drought, flood or other
natural calamity of
the season were stopped. If the Zamindar failed to discharge
his responsibility his
Zamindari and his personal property were liable to
attachment in the first instance.
If there was recurrence of such failure the lands would be
ultimately confiscated
and sold. The Zamindar will forever lose the land for
non-payment of the public
revenue. Since the terms of assessment on the Zamindari was
moderate this event
happened only in consequence of Zamindar's own default.^
The Zamindar was at liberty to transfer, without the
previous consent of
Government, or of any other authority, the Zamindar's
proprietory right in the
whole or in any part of the Zamindari. Such transfer of land
was valid and
recognized by the courts and officers of Government provided
they were not
violative of the Muhammadan or Hindu laws or the regulations
of the British
Government. The sale, gift or transfer must have been
regularly registered at the
office of the Collector. Otherwise such sale, gift or
transfer was of no legal force.
In the event of sale, gift or transfer, the Zamindar was to
furnish the Collector with
true account of entire Zamindari. Although the Zamindar was
entitled to transfer.
^ Selection from Old Records, Enclosure of Sanad-i-Milkiat
Istimirar with Letter No: 124,
Madras, 1934, p. 46.
the Zamindars were forbidden to make any part of their
lands into a separate
estate, paying its jumma directly to Government, unless the
public assessment on
such separate estate shall amount to the annual value of 500
star pagodas.^
In the event of the sale of any part of his Zamindari for
the settlement of
arrears of assessment, he shall identify the part of his
Zamindari to be so
separated. The assessment to be settled on the separated
parts of the Zamindari
lands should be proportionate to the actual produce of the
separated portion.
The Karnam was appointed from time to time by the Zamindar.
The
Government discharged the police duty and defrayed the
entire expense of that
establishment. The Zamindar enquired and sent the list of
all robbers or disturbers
of the public peace to the Magistrate.^
Kabuliyat of Shivagiri Zamin
A Zamindar by an agreement had to accept the terms of the
Sanad
through a Kabuliyat. The Zamindar of Shivagiri by that
Kabuliyat agreed to
continue to pay the assessment of his Zamindari fixed at the
assessment made in
the year 1803 (fasli 1212). Accordingly the annual sum of
star pagodas sixteen
thousand was fixed which was acknowledged later by the
Zamindar to be the
'Ibid. ^Ibid. ^ Ibid., p. 47. 93
permanent annual Peshkush of his Zamindari payable in the
then prevailing coin
of the province in fixed monthly installment.^
The Zamindar was committed to pay regularly in all seasons
the amount
permanently assessed and to fulfil this commitment at all
costs. He accepted the
condition that no remission would be given on account of
drought, flood or any
other natural calamity. Even in extreme famine conditions
only postponement of
collection of Kist was ordered. The district Collector in
the context of famine
proposed and Board of Revenue sanctioned the collection of
tax in the Zamindari
estates of Tirunelveli district. He recommended the
postponement of Peshkush for
the estates in Tenkasi, Sankarankoil and Srivilliputhur
Taluks till Kists were due
next year. He instructed that similar gesture must be shown
to tenants by
Zamindars.^'
The Zamindar accepted to aid and assist the police officers
in
apprehending and securing offenders of all description. He
agreed to enquire and
give notice to the magistrate of all robbers or disturbers
of the public peace who
1 'y
might be found or who might seek refuge in his Zamindari.
' Selection from Old Records, Enclosvire of the Kabuliyat
with Letter No: 76, p. 50.
'°Ibid.
" Proceedings of the Board of Revenue for the year
1891, p. 348.
'^ Selection from Old Records, Enclosure of the Kabuliyat
with Letter No: 76, p. 5 L
Peshkush Amount
The land revenue demand on all Zamindaris, Mittahs and other
proprietory estates were fixed once for all. Water rates
were charged on Zamindari
lands when water was used from source of irrigation newly
created by the
Government. The charge was made only on lands actually
irrigated. ^ ^ The
Peshkush of large Zamindaris was generally paid into the
collector's treasury and
that of small Zamindaris into Taluk treasury. ^" ^
Peshkush Amount for Shivagiri
Shivagiri was a Zamindari situated mainly in the north west
of the
Sankarankoil Taluk of Tirunelveli district with an area of
nearly 125 square miles,
excluding 30 square miles of forest on the slopes of Western
Ghats. The Peshkush
of the Zamindari was originally fixed in 1802^^ (fasli
1211). The Zamin paid a
Peshkush of Rs.55000/- and a land cess amounting to Rs.5000/.
The income of the
estate was about Rs. 1,84,000. Even as late as 1879 there
was no change in the
Peshkush amount paid (Rs.54580-2-0).^^
'^ C. Annadurai Aiyer, The revenue code containing all the
unrepealed revenue regulations and
Acts applicable to the Madras Presidency (from 1802 - 1894),
Madras, 1894, p. 38.
" Ibid., p. 40.
'' Petition on behalf of M. R. Ry. Senthatikalai Pandia
Chinna Thambiar, Zamindar of Shivagiri
to the Asst. Commissioner of Income Tax, Madurai on
29-01-1931.
'^ A. J. Stuart, Tinnevelly Manual, p. 99.
The Zamindar paid the Peshkush but the question was whether
he paid
land revenue in respect of the forests included in his
Zamindari. A Sanad was
issued to him on 24 September 1841, as the original Sanad
granted in 1802 had
been lost. The second Sanad mentioned only 102 villages and
not the forests. But
it was claimed that the Zamindar's forests were also
included in the assessment of
Peshkush. Income tax officer assessment of the Zamindar's
income from forests
was as follows
Forest revenue proper
Forest miscellaneous revenue
Rs. -A-P
Rs. 14782-6-0
Rs. 899-0-0
Total Rs. 15681-6-0
Deduct establishment charges etc. Rs. 1513-14-10
Net income
Rs.14167-7-2
The Zamindar's lawyer claimed that the income from fisheries
was also
agricultural income. But it had been held in various high
court decisions that
income from fisheries could not be treated as agricultural
income. The Zamindar's
accounts showed that his income from fisheries in the year
of 1929-30 came to
" I.T. Department, File No: 2146 - 1929-30.
Rs.5469-7-0. He claimed a deduction of Rs.852-11-8 on the
ground that he
incurred certain estabUshment charges for deriving the
income.'^
Peshkush Amount for Seittur
The Peshkush amount fixed for Seittur Zamin was
Rs.12636-13-1.^^
According to the private papers of Seittur Zamin, the Zamin
derived a land
revenue of Rs.35,000/- and the forest revenue of Rs. 1000/-.
The Zamin's Peshkush
remained Rs. 12441/- even at the turn of the 20* century.^°
The total Peshkush,
according to the Collector's record, amounted to
Rs.12,533-7-9. ^'
Revenue Divisional Officer submitted a statement showing the
reduction of Peshkush to be made for Seittur Zamindari on
account of the lands
acquired for a burning ground at north Seittur. The
following statement shows the
reduction made in the Peshkush of Seittur Zamindari. But
even here there is no
substantial charge in the amount of Peshkush collected.
•«Ibid.
'' A. J. Stuart, Tinnevelly Manual, p. 112.
^° Private Paper - IR 59, File No: 59, True copy of Letter
written on 29-11-1905 by V.I.S. Sevuga
Pandia Thevar, the Zamindar of Seittur.
^' Ramnad District Collectorate Record 72/18, 9-4-1918.
Letter from Senneck LC.S, Sub
Collector of Sivakasi to the Collector of Ramnad.
Total revenue of the estate Rs.88385-6-1
Peshkush in the year 1920 Rs. 12536-11 -2
Peshkush for the following year Rs. 12536-8-2
Source: Ramnad District Collectorate Record 83/20,
19-08-1920.
Peshkush Amount for Chockampatti Zamin
In 1802 the Peshkush amount fixed for Chockampatti Zamindari
an
ancient Palayam in Tirunelveli district was Rs.25,550-0-0, it
assets being valued at
Rs.46,465-8-0.^^
Peshkush Amount for Talaivankottai Zamin
Talaivankottai was the headquarters of this ancient Zamin
about 10
square miles in extent which comprised two villages and
yielded an annual rental
of about Rs.20,000/. Its population in 1910 was 3085.^^
According to A. J. Stuart,
it was one among the seven minor Zamindaris and the Peshkush
amount of the
Zamindari was Rs.2732-9-0.^"^
The Zamindars of the attached estates had no mocasee and
Kattukuthagai villages or Sarvamaniyam lands in their
estates with the exception
of the Zamindar of Talaivankottai who had a kattukuthagai
village named
^^ Selection from Old Records, Letter No: 54, 21-04-1838, p.
36.
"' H. R. Pate, Tinnevelly District Gazetteer, p. 419.
^'^ A. J. Stuart, Tinnevelly Manual, p. 99.
Darukapuram in Sankarankoil Taluk which paid to the
government annually
Rs.1272-11-7. This village was not attached because it did
not form any part of the
estate and consequently the average income derived therefrom
to the holder was
unknown.
Rule of Succession in Maravar Zamins
Opinions were received from the several ancient Zamindaris
and
Palayakkarars in the Timnelveli district on the subject of
the rule of succession
among the children of several wives. Zamindars of Shivagiri,
Maniyachi,
Naduvakuruchi, Kadambur, Talaivankottai, Melmandi, Surandi,
Attangarai etc
gave their opinion that the eldest surviving male issue of
the wife earliest in order
should be the heir to his father.'^^ Uttumalai Zamindar
expressed the view that if a
Zamindar had married two wives at the same time the first
bom son of either of
those should be considered senior for the succession.^^
The Seittur, KoUamkondan, Aavudaiyapuram declared that the
Zamindars had the power to select the heir among all his
sons by different wives.
Seittur Zamindar stated that the rule for Zamindars of his
Marava caste was that
the son of the first wife if he survived was rightful heir.
In the event of absence of
^^ Selection from Old Records, Letter No: 41, 5-03-1836, p.
3.
-^ Selection from Old Records, Letter No: 166, 24-08-1849,
pp. 94-95.
27 Ibid. 99
a son by the first wife, the first bom among the sons by all
other wives had right to
succeed his father.
The Collector E.B. Thomas argued that the widow's opinion
was
preferable since her claim was supported by many of the
Hindu laws. ^^
The Government did not regulate the succession to
Zamindaris. They
sometimes interfered to recognize a prima facie claimant in
cases of death and
pending decision of the law courts. The ancient Zamindaris
like Ramnad,
Sivagangai differed then from those subsequently created
under Regulation No.
XXV of 1802 in two respects. In cases of succession by
death, the law of
primogeniture facilitated the oldest son succeeding and the
remainder of the
family being entitled to no more than maintenance.
Only in ancient Zamindaris the Zamindar was restrained from
alienating
his estate beyond his life time. In the case of all other
estates, which were not
ancient Zamindaris, the ordinary Hindu rule of inheritance
prevailed. They were
sub-divided and alienated freely like any form of real
property. The Government
had no concern with regard to the question of succession.'^^
^^ Ibid., p. 95..^' Letter of E.B. Thomas, 13.09.1845.
30 CD. Maclean, Manual of the Administration of the Madras
Presidency, vol. I, p. 120.
100 Travails of the Permanent Settlement
The proprietory rights of the Zamindars were not absolute.
It was
dependent on the proper and punctual payment of the
Peshkush. Default in
revenue would give the British a free hand to take over the
estate. However, that
right was not to curtail the established rights of the
tenantry.
Under the permanent settlement the Zamindaris were invested
neither
with political nor with legal authority. A special
commission on Ramnad,
Sivagangai and Tirunelveli reported in 1803 that the
Palayakkarars of
Naduvakuruchi, Maniyachi, Surandai, Melmandai, Attangarai,
Singampatti and
Aavudaiyapuram felt that the resources of their Palayams
were unequal to the
-J T payment of the increased Peshkush.
^' Nicholas. B. Dirks, "From Little Kingdoms to
Landlord", Comparative Study in Society and
History, vol. 28, 307.33, New York, 1986, p. 318.
'- Ibid., p. 323.
" Appendices to the Report of Madras Estate Land Act Committee, 1938, p. 83.
Thanks : Shodaganga
Thanks : Shodaganga
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.