The Calcutta Law Journal Short Notes of the Cases Articles and Other Matters July to December 1923

But instead of bringing the raiyats back to the land for the purpose of cultivating it himself the proposal of the Committee will undoubtedly shave the effect of depriving the raiyats of their lands or at least the essence of the proprietary rights therein which they Inn been enjoying so long and confer the same on those who actually cultivate them namely the under-raiyats and the Bhagidars and [...] For after the conferring of the rights of occupancy as well as the right of transfer on these classes (as the Committee propose to do) they would enjoy the substance of the proprietary right in the land leaving in the raiyat the mere shadow of it. [...] It seems to be the opinion of the committee that the mere cultivation of the land under such a system of itself creates the relationship of landlord and tenant between the parties and confers upon the cultivator the status of a tenant (raiyat). [...] He then becomes a tenant in respect of the land thus sublet tg him and the share of the crop that he undertakes to deliver to his lessor on account of the land of his cultivation is 'rent' within the meaning of the tame Section of the Act and is commonly known as the produce-rent.' The conduct of the parties may also shew the nature of the contract. [...] with the status of the raiyat the majority of the Committee go further and propose to allow them the right 40 have the quantity of crops deliverable by them to the owner of the land commuted into money.