Section 77: Revenue Courts and suits cognizable by them Procedure where revenue matter is raised in a Civil Court Administrative control

Revenue Courts and suits cognizable by them.– (1) When a Revenue Officer is exercising jurisdiction with respect to any such suit as is described in sub-section (3), or with respect to an appeal or other proceeding arising out of any such suit, he shall be called a Revenue Court. (2) There shall be the same classes of Revenue Courts as of Revenue Officers under this Act, and, in the absence of any order of the [Provincial Government] to the contrary, a Revenue Officer of any class having jurisdiction within any local limits under this Act shall be a Revenue Court of the same class having jurisdiction within the same local limits. (3) The following suits shall be instituted in, and heard and determined by, Revenue Courts, and no other Court shall take cognizance of any dispute or matter with respect to which any such suit might be instituted: [Provided that– The Punjab Tenancy Act 1887 (XVI of 1887) 31 (1) – where in a suit cognizable Procedure where revenue matter is raised in a Civil Court by and instituted in a Civil Court it becomes necessary to decide any matter which can under this sub-section be heard and determined only by a Revenue Court, the Civil Court shall endorse upon the plaint the nature of the matter for decision and the particulars required by Order VII, Rule 10, Civil Procedure Code, and return the plaint for presentation to the Collector; (2) on the plaint being presented to the Collector, the Collector shall proceed to hear and determine the suit where the value thereof exceeds [rupees ten thousand] or the matter involved is of the nature mentioned in section 77(3), First Group, of the Punjab Tenancy Act, 1887, and in other case may send the suit to an Assistant Collector of the first Grade for decision]. F G (a) suits between land-lord and tenant for enhancement or reduction of rent under section 24; (b) suits between land-lord and tenant for addition to or abatement of rent under section 28 or for commutation of rent; (c) suits under section 34 for the determination of rent or other sum on the expiration of the term of an assessment of land revenue [and suits relating to the rent to be paid under a mortgage made in accordance with form (c) as prescribed by section 6 of the Punjab Alienation of Land Act, 1900]; S G (d) Suits by a tenant to establish a claim to a right of occupancy, or by a land-lord to prove that a tenant has not such a right; (e) suits by a land-lord to eject a tenant; (f) suits by a tenant under section 45 to contest liability to ejectment, when notice of ejectment has been served; (g) suits by a tenant under section 50 for recovery of possession or occupancy, or for compensation, or for both; (h) suits by a land-lord to set aside a transfer made of a right of occupancy, or to dispossess a person to whom such a transfer has been made, or for both purposes; (i) any other suit between land-lord and tenant arising out of the lease or conditions on which a tenancy is held; (j) suits for sums payable on account of village cesses or village expenses; (k) suits by a co-sharer in an estate or holding for a share of the profits thereof or for a settlement of accounts; (l) suits for the recovery of over payments of rent or land-revenue or of any other demand for which a suit lies in a Revenue Court under this sub-section; (m) suits relating to the emoluments of kanungos [* * *] or village officers; T G (n) suits by a land-lord for arrears of rent or the money equivalent of rent, or for sums recoverable under section 14; 32 The Punjab Laws (o) suits by a land-owner to recover moneys claimed as due for the enjoyment of rights in or over land or in water, including rights of irrigation, rights over fisheries, rights of pasturage and forest rights; (p) suits for sums payable on account of land-revenue or of any other demand recoverable as an arrear of land-revenue under any enactment for the time being in force, and by a superior landowner for other sums due to him as such. (4) Except as otherwise provided by any rule made by the [Board of Revenue] in this behalf– (a) a Collector may hear and determine any of the suits mentioned in sub-section (3); (b) an Assistant Collector of the first grade may hear and determine any of the suits mentioned in the second and third groups of that sub-section, and, if he has by name been specially empowered in this behalf by the [Provincial Government], any of the suits mentioned in the first group; and (c) an Assistant Collector of the second grade may hear and determine any of the suits mentioned in the third group. [(5) The limitation for suits mentioned in sub-section (3) (Third Group), clause (n), shall be one year from the day the rent or money equivalent to rent or sums recoverable become due]. Administrative control

Effective date: 1887-11-01

Amendment history

• v2 · 1887-11-01 — Phase 6: replace Punjab Tenancy seed placeholder with the official Punjab consolidation text (chapter, chapter_title, text, title)

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