Deeds of hire

When debts mounted the peasant was unable to pay back the loan to the moneylender. He had no option but to give over all his possessions -land, carts, and animals-to the moneylender. But without animals he could not continue to cultivate. So he took land on rent and animals on hire. He now had to pay for the animals which had originally belonged to him. He had to sign a deed of hire stating very clearly that these animals and carts did not belong to him. In cases of conflict, these deeds could be enforced through the court.

The following is the text of a deed that a peasant signed in November 1873, from the records of the Deccan Riots Commission:

I have sold to you, on account of the debt due to you, my two carriages having iron axles, with their appurtenances and four bullocks. I have taken from you on hire under (this) deed the very same two carriages and four bullocks. I shall pay every month the hire thereof at Rupees four a month, and obtain a receipt in your own handwriting. In the absence of a receipt I shall not contend that the hire had been paid.

Questions:

(i) List all the commitments that the peasant is making in this deed.

(ii) What does such a deed of hire tell us about the relationship between the peasant and the moneylender?

(iii) How would it change the relationship between the peasant and the bullocks he previously owned?

(i) The peasant is making the following commitment in this deed:

(a) If he would unable to pay back the loan to the moneylender, he would give over all his possessions-land, carts, and animals to the moneylender.

(b) He also commits to pay for the animals which had originally belonged to him. He had to sign a deed of hire stating very clearly that these animals and carts did not belong to him.

(c) In cases of conflict, deeds of hire could be enforced through the court.

(ii) A deed of hire tells us that the relationship between the peasant and the moneylender was not of equal status of two parties. The peasant was helpless borrowers and the moneylender was the only sources to provide loan. He was in a higher and better position to impose all terms and conditions on the helpless peasant. When debts mounted the peasant was unable to pay back the loan to the moneylender. He had no option but to give over all his possessions to the moneylender. Without animals he (the peasant) could not continue to cultivate. Therefore, he took land on rent and animals or hire.

(iii) He had to take animals on hire. He now had to pay for the animals which had originally belonged to him. He had to sign a deed of hire stating very clearly that these animals did not belong to him. He would have to pay every month the hire thereof at rupees four a month, and obtain a receipt in moneylender’s own handwriting. In the absence of a receipt he would not contend that the hire had been paid.