24. Proprietary and transferable rights in land.
Lastly the grant of proprietary and transferable right to land has afforded a new incentive and reward to the successful moneylender. Prior to this measure it is probable that no considerable transfers of land occurred for ordinary debt. The village headman might be ousted for non-payment of revenue, or simply through the greed of some Government official under native rule, and of course the villages were continually pillaged and plundered by their own and hostile armies such as the Pindāris, while the population was periodically decimated by famine. But apart from their losses by famine, war and the badness of the central government, it is probable that the cultivators were held to have a hereditary right to their land, and were not liable to ejectment on the suit of any private person. It is doubtful whether they had any conception of ownership of the land, and it seems likely that they may have thought of it as a god or the property of the god; but the cultivating castes perhaps had a hereditary right to cultivate it, just as the Chamār had a prescriptive right to the hides of the village cattle, the Kalār to the mahua-flowers for making his liquor, the Kumhār to clay for his pots, and the Teli to press the oil-seeds grown in his village. The inferior castes were not allowed to hold land, and it was probably never imagined that the village moneylender should by means of a piece of stamped paper be able to oust the cultivators indebted to him and take their land himself. With the grant of proprietary right to land such as existed in England, and the application of the English law of contract and transfer of property, a new and easy road to wealth was opened to the moneylender, of which he was not slow to take advantage. The Banias have thus ousted numbers of improvident proprietors of the cultivating castes, and many of them have become large landlords. A considerable degree of protection has now been afforded to landowners and cultivators, and the process has been checked, but that it should have proceeded so far is regrettable; and the operation of the law has been responsible for a large amount of unintentional injustice to the cultivating castes and especially to proprietors of aboriginal descent, who on account of their extreme ignorance and improvidence most readily fall a prey to the moneylender.