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As far as the ownership of land in the area concerned, it is mostly owned by the clans and private individuals. Thus, we find that besides private ownership, some land belong to particular clans, especially the original clans, these clan own vast areas of land because their ancestors were the first settlers in the area and the first few clans to come to occupy the area. They were the first to clear the forests for their cultivation and claimed them, since time immemorial. In this way, they became the sole and permanent owners of the land. Thus, they have the right to lease or sell the land to the other clans which came at the later period of time. Theoretically, the land was owned by the clan or the family who first claimed the right to the land, and was managed by the overall authority of the maternal uncle. It is the duty of the maternal uncle to see that his sisters with their family members do not suffer economically. He distributes the land to all of them and as a general practice of the law of inheritance in the society, the youngest daughter gets the lion’s share.
As regards the new comers (clans), it was found that as land was available in plants, they need not all the time depend on the mercy of the first settlers for the possession of land. They cleared those forest lands which have not been cleared or claimed by the first or the original clans and became a proprietor after claiming their right over the land. Therefore, newly possessed or purchase land is always owned by the individual family or clan.
The other type of ownership of land and a peculiar one, is the type of ownership whay is locally called a DAIR system. Under this system, land is given on lease for a fixed period of time by a clan or family which owns the land. As the war area is well-known for its production of betel nuts, betel leaves and oranges, a land on lease is always given for plantation of these crops. If the land is given on lease under DAIR system for the plantation of betel nuts or oranges, the term of the lease will be for quite a number of years as the crops lasts for so many years. The lease has to pay land rent to the owner of the land either on the basis of the number of crops planted or on their produce. But with regards to the land leased for the cultivation of betel leaves, the term of the lease will be more or less for five years for the first time as they plant usually does not last more than five years. But the leased can also take the land on lease for more than one term and he has to pay more money for that. Land rent is not paid in such kind of lease; the lessee has to pay only the price of the land and the rate depend on the fertility of the soil. As far as the utilization of the land under the DAIR system is concerned, the lessee can utilize it only for the purpose on which the land is taken on lease. He cannot utilize it for any others purposes.
Regarding the ownership of the land under the Diar system, the lessee cannot claim the right of ownership over it. He has only the right to cultivate the land during the period of the lease. The land is owned by the clan or the family who leased it. Thus, after the expiry of the period fixed for the term of the lease, ownership will automatically go to that clan or family. The period of the lease is not usually fixed in term of the years, but it depends on the condition or the life of the crops. Thus, as long as the crop grown in the land are in good condition, the lessee enjoys the right to look after the land and reaps its produce. |
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