Mughal Administration c15.s1.t1.28

c15.s1.t1.28

[Commentary, 120b:—This order may be construed in either of the following two ways, or it will yield no sense: "If the owner of a land under fixed revenue gives his land in lease or loan, and the lessee or borrower cultivates it, realise the revenue from the owner. If the lessee &c. has planted gardens on it, take the revenue from him, because he has planted the gardens. If a man after getting hold of a *kharājī* land denies it, and the owner has witnesses, then, in the case of the usurper having tilled it, take the revenue from him, but if he has not done so take the revenue from neither of them. If the usurper denies [the usurpation] and (i) the owner *has no* witness, take the revenue from the owner.” This is one construction. The other is (ii) “if the owner *has* witnesses, take the revenue from the owner,” i.e., the usurper denies [the usurpation] and the owner produces witnesses to prove his own cultivation, therefore the owner should pay the revenue.