File 2/5 X 'SHAIKH'S DATE GARDENS' [‎151r] (306/592)

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he ^has^' 1 + ^ r ' K)l ' V* e ( ' a ^ e Settlement, that is to say that
not exercised possession either directly or by other
means and it is further established that the State has exercised
a non oi possession in the land during the said period, the
oocument shall be set aside and the land shall be regarded as
Mm not granetd m Tapu notwithstanding the effects of
Articles 7 and 9.
(d)
\\ here any document is produced as evidence that land is of
the category of Miri granted in Tapu and where it is established
to the satisfaction of the Settlement Officer that the owner of
the document has neglected, without reasonable excuse, to
exercise his right of possession in that land either directly or
by other means, for a period of 15 years prior to the date of
Settlement, the document shall be set aside and the land shall
be regarded as Miri not granted in Tapu notwithstanding the
effect of Article 10 (b) (1).
Article 7.—(a) Land shall be classified as Mnlk if it is so recorded in the
Tapu registers or if the holder is in possession of documents or
evidence such as afford proof that it is his Mnlk, subject to
the provisions of para (c) of Article 6-
(&)
(i)
or (ii)
Mulk land shall be recorded in the name of
The person whose name it is registered in the Tapu
registers. !'
The person who produces documents affording proof that
he derived ownership from the person in whose name it
is registered in the Tapu registers.
or (iii) The person who produces documentary or other evidence
which justifies registration in his name.
Article 8 .—Land shall be classified as Matruka if it has been assigned to a
purpose of public utility or dedicated specifically to the public, or
has been used for such purpose, 15 years or more if the land was
Waqf or Mulk, or 10 years or more if the land was Miri.
Matruka land shall be registered in the name of the Ministry
of Finance (excluding cemeteries to which shall be applied the
provisions of the Sharia Law), provided that the name of the party
to which it is assigned or the purpose of public utility for which
it is used shall be stated.
Article 9 .—(a) Subject to para (bj of Article 6, land shall be classified as
Waqf in the following cases:—
(i) If it is so recorded in the Tapu registers;
(ii) If there exists documentary evidence other than the Tapu
registers which afford legal proof that it is Waqf;
(iii) If it is proved that the land has been at the disposition
of the Waqf for a period of 15 years or more in the
case of Mulk and 36 years in other eases.
When land is included in the category of Waqf it shall be
recorded whether it is Waqf Sahib or Waqf Ghair Sahih as it
may be proved.
When land is classified as Waqf Sahih it shall be stated whether
the Waqf is Waqf Dhurriyah or not; when land is classified
as Waqf Ghair Sahih it shall be stated whether that which was
dedicated in Waqf was the usufruct or the taxes or both.
Article 10 .—(a) All land not found to be Mulk or Matruka or Waqf in
accordance with the provisions of this law shall be classified
as Miri land
that is:—
either granted in Tapu;
or granted in Lazma;
or Miri Sirf.
(b) Land shall be classified as Miri granted in Tapu:
(i) if it is so recorded in the Tapu registers;
(ii) if documentary evidence justifying its mujaddad
registration is forthcoming;
(iii) if it has been planted for not less than 10 years with
V ; not i ess than 40 trees (in which term are included date-
trees and vines) per donum, provided that the average
(&)
(c)
i