Updated: Wednesday December 25, 2013/AlArbia'a
Safar 22, 1435/Budhavara
Pausa 04, 1935, at 06:10:55 PM
The
act No. X of 1876
[28th March, 1876]
An Act to limit the jurisdiction of the Civil Courts
[in
whereas in certain parts of [
and whereas it is expedient that the jurisdiction of all the
Civil Courts in the said territories] should be limited in manner hereinafter
appearing ;
and whereas it is also expedient to amend the Sind Civil Courts
Act], section 32, and to revive certain provisions of the thirteenth section of
Regulation XVII of J827 of the Bombay Code, which was repealed by the Land
Improvement Act, 1871.
It is hereby enacted as follows:---
l.
Short
title and extent. (1) This Act may be called the Sind Revenue
Jurisdiction Act, 1876.
(2)
It extends to
i
2.
[Repeal of
enactments.] Rep. by the Amending
Act, 1891 {XII of 1891).
3. Interpretation
clause. In this Act, unless there be something repugnant in the I"
subject or context,---
"land" includes the sites
of villages, towns and cities: it also includes trees, growing crops and grass,
fruit upon, and juice in, trees, rights-of-way, ferries, fisheries and all
other benefits to arisa out of land, and things attached to the earth or
permanently fastened to things attached to the earth:
"land-revenue" means all sums and payments, in money or in
kind, received or claimable by or on behalf of the Government] from any person
on account of any land held by or vested in him, and any cess or rate
authorized by the Provincial Government] under the provisions of any law for
the time being in force:
"Revenue-officer" means
any officer employed in or about the business of the land-revenue, or of the
surveys, assessment accounts or records connected therewith.
4. Bar
of certain suits. Subject to the exceptions hereinafter appearing, no
(a)
[claims against the [Government]] relating to lands held under treaty, or to
lands granted or held as saranjam, or on other political tenure, or to lands
declared -by the Provincial Government] or any officer duly authorized in that
behalf to be held for service ;
(b)
objections— to
the amount or incidence of any assessment of land-revenue authorized by the
Provincial Government], or to the mode of assessment, or to the principal on
which such assessment is fixed, or
to the validity or effect of the notification of
survey or settlement, or of any notification determining the period of
settlement
(c)
claims connected with or
arising out of any proceedings for the realization of land-revenue or the
rendering of assistance [by the Provincial Government] or any officer duly
authorized in that behalf to superior holders or occupants for the recovery of
their dues from inferior holders or tenants ;
claims to set aside, on account of
irregularity, mistake or any other ground except fraud, sales for arrears of
land-revenue ;
(d)
claims against the
[Government]]---
(1)
to be entered in the
revenue-survey or settlement-records or village-papers as liable for the
land-revenue, or as superior holder, inferior holder, occupant or tenant, or
(2)
to have any entry made
in any record of a revenue-survey or settlement, or
(3)
to have any such entry
either omitted or amended ;
(e)
the distribution of land
or allotment of land-revenue on partition of any estate under Bombay Act IV of
1868 or any other law for the time being in force ;
(f)
[claims against
the -Government]]—
to hold land wholly or partially free from payment of
land-revenue or to receive payments charged on or payable out of the
land-revenue, or to set aside any cess or rate authorized [by the Provincial
Government] under the provisions of any law for the time being in force, or
respecting the occupation of waste or vacant land
belonging to the Government] ;
(g)
claims regarding
boundaries fixed under Bombay Act No. I of 1865, or any other law for the time
being in force, or to set aside any order passed by a competent officer under
any such law with regard to boundary marks :
Provided that, if any person claim to hold wholly or
partially exempt from payment of land-revenue under—
(h)
any enactment for the
time being in force expressly creating an exemption not before existing in
favour of an individual or of any class of persons, or expressly confirming
such an exemption on the ground of its being shown in a public record, or of
its having existed for a specified term of years, or
(i)
an instrument or
sanad given by or by order of the [Provincial Government] under Bombay Act No.
II of 1863, section 1, clause first, or Bombay Act No. VII of 1863, section 2,
clause first, or
(j)
any other written
grant by the British Government expressly creating or confirming such
exemption, or .
(k)
a judgment by a Court of
law, or an adjudication duly passed by a competent officer under Bombay Regulation
XVII of 1827, Chapter X, or under Act No. XI of 1852, which declares the
particular property in dispute to be exempt, such claim shall be cognizable in
the Civil Courts.
Illustrations to (k)
(1)
It is enacted that, in
the event of the proprietary right in lands, the property of Government, being
transferred to individuals, they shall be permitted to hold the lands for ever
at the assessment at which they are transferred. The proprietary right in
certain lands is transferred to A at an assessment of Rs. 100. An exemption
from higher assessment-not before existing is expressly created in favour of A
by enactment, and he may seek relief in the
(2)
It is enacted that, when
a specific limit to assessment has been established and preserved, the
assessment shall not exceed such specific limit. A is the owner of land worth
Rs. 100 for assessment. He claims to be assessed at Rs. 50 only on the strength
of a course of dealing with him and his predecessors under which his land has
not been more highly assessed. There is no exemption not before existing
created by enactment, and As claim is not cognizable in a
(3)
It is enacted that
land-revenue shall not be leviable from any land held and entered in the
land-registers as exempt. A claims to hold certain land as exempt on the ground
that it has been so held by him, and is so entered In the land-register. This
is an exemption expressly confirmed by enactment on the ground of its being
shown in a public record, and As claim is cognizable in a
(4)
It is enacted that the
Collector shall confirm existing exemptions of all lands shown in certain maps
to be exempt. A claims exemption, alleging that his land is shown in the maps
to be exempt. As claim is cognizable in a
(5)
It is enacted that
assessment shall be fixed with reference to certain considerations and not
with reference to others. This is not an enactment creating an exemption in
favour of any individual or class, and no objection to an assessment under
such an enactment is cognizable in a
5. Saving
of certain suits. Nothing in section 4 shall be held to prevent the Civil
Courts from entertaining the following suits:
(a)
suits [against the
Government] to contest the amount claimed, or paid under protest, or recovered,
as land- revenue, on the ground that such amount is in excess of the amount
authorized in that behalf by the Provincial Government], or that such amount
had, previous to such claim, payment or recovery, been satisfied, in whole or
in part, or that the plaintiff, or the person whom h& represents, is not
the person liable for such amount ;
(b)
suits between private
parties for the purpose of establishing any private right, although it may be
affected by any entry in any record of revenue-survey or settlement or in any
village-papers ;
(c)
suits between superior
holders or occupants and inferior holders or tenants regarding the dues claimed
or recovered from the latter ; and nothing in section 4, clause (g), shall be
held to prevent the Civil Courts from entertaining suits, other than suits
[against the Government], for possession of any land being a whole
survey-number or a recognized share of a survey-number;
6. Bar
of certain suits against revenue officers. Revenue-officers shall not be
liable to be sued for damages in any
If any Revenue-officer absconds or does
not attend when called on by his official superior, and if the Collector of the
district proceeds against him or his sureties for public money, papers or property
according to the provisions of any law for the time being in force, such
Collector shall not be liable to pay damages or costs in any suit brought
against him by such officer or sureties although it appears that a part only,
or no part whatever, of the sum demanded was due from the officer so absconding
or failing to attend, or that he was not in possession of the papers or
property demanded of him.
7. Punishment
or prosecution of revenue officers no bar to civil remedies. Nothing in any
law for the time being in force which authorizes the punishment departmentally
of any Revenue-officer for any offence or breach of duty, or which sanctions
his prosecution criminally for such offence or breach, shall be held to bar any
remedy which may be had in the Civil Court against such officer.
8 to 10. [Suits against Revenue-officers. Appeals
from their proceedings. Power for Local Government to call for record.}
Rep. by the
11. Sits not to be
entertained unless plaintiff has exhausted right of appeal. No Civil Court
shall entertain any suit against the Government] on account of any act or
omission of any Revenue-officer unless the plaintiff first proves that,
previously to bringing his suit, he has presented all such appeals allowed by
the law for the time being in force as, within the period of limitation allowed
for bringing such suit, it was possible to present.
12. Power of
Government to refer questions for decision of high court. If, in the trial
or investigation of any suit, claim or objection which, but for the passing of
this Act, might have been tried or ( investigated by a Civil Court, there
arises any question on which the [Provincial Government] desires to have the
decision of the High Court], the Provincial Government] may cause a
statement of the question to be prepared, and may refer such question for the
decision of the High Court].
The High" Court] shall fix an early
day for the hearing of the question referred, and cause notice of such day to
be placed in the court-house.
The parties to the case may appear and be
heard in the High Court] in person or by their advocates or pleaders.
The High Court] when it has heard and
considered the case, shall send a copy of its decision, with the reasons
therefor, under the seal of the Court, to the Government by which the reference
was made, and, subject to any appeal which may be presented to to Supreme
Court], the case shall be disposed of conformably to such decision.
If the –[High Court] considers that any
such statement is imperfectly framed, the High Court] may return it for amendment.
The costs (if any) consequent on any such
reference shall be dealt with as the -High Court] in each case directs.
13. Power of civil
judge to refer questions of jurisdiction to high court. If in any suit
instituted, or in any appeal presented, in a l Civil Court, the Judge doubts
whether he is precluded by this Act from taking cognizance of the suit or
appeal, he may refer the matter to the High
Court],
The -[High Court] may order the Judge
making the reference either to proceed with the case or to return the
plaint.
The order of the -High Court] on any such
reference shall be subject to appeal to "[the Supreme Court], and, save as
aforesaid, shall be final.
14. Composition of
bench. Every reference under section 12 or section 13 shall be C heard by a
Bench consisting of such number of Judges, not less u than three, as
the Chief Justice from time to time directs.
15. [Amendment of
section 32 of Act XIV of 1869.} Rep. by the Repealing Act, 1938 (I of
1938), s. 2 and Sch.
16. Privileges of
Government in suits defended by it. Whenever any suit is brought in any
Court of a Subordinate Judge of the first class against the Government] or
against any Revenue-officer, -and the Government undertakes] the defence
thereof, it shall be lawful for the Provincial Government], by certificate
signed by a Secretary thereto, to require that the trial of any such suit shall
have precedence over the trial of any other suit or other civil proceeding then
pending in the Court of the first class Subordinate Judge, or, if the suit is
transferred, in the Court of the District Judge; and the Court shall give
effect to every such requirement.
The privilege conferred on the Provincial
Government] by this section shall, mutatis mutandis, apply to any appeal or
special appeal against any decree in any such suit as is described in this
section.
17. [Revival of
section 13 of Born. Reg. XVII of 1827. Operation of Born. Reg. XVII of
1827 in sites of villages and towns. Recovery of certain advances made by Local
Government.} Rep. by the
THE FIRST SCHEDULE
Enactments repealed. Rep. by the Amending Act, 1891 (XII of 1891).
THE SECOND SCHEDULE
Omitted by
A. 0., 1949, Schedule.
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