64: Revenue Courts and suits cognizable by them: Procedure where revenue matter is raised in a Civil Court

(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 Ordinance, 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 Ordinance 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 such dispute or matter with respect to which any suit might be instituted: Provided that: ― (i) Where in a suit cognizable 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 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. (ii) On the plaint being presented to the Collector he shall proceed to hear and determine the suit where the value thereof exceeds Rs. 1000 or the matter involved is of the nature mentioned in section 64 (3), First Group of this Tenancy Ordinance and in other cases may send the suit to an Assistant Collector of the 1 grade for decision. FIRST GROUP (a) Suits between landlord and tenant for enhancement or reduction of rent under section 19. (b) Suits between landlord and tenant for addition to or abatement of rent under section 22, or for commutation of rent; SECOND GROUP (c) suits by a tenant to establish a claim to a right of occupancy, or by landlord to prove that a tenant has not such a right; (d) suits by a landlord to eject a tenant; (e) suits by a tenant under section 31 and 32 to contest liability to ejectment, when notice of ejectment has been served; (f) suits by a tenant under section 41 for recovery of possession or occupancy, or for compensation, or for both; (g) suits by a landlord 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; (h) any other suit between landlord and tenant arising out of the lease or conditions on which a tenancy is held; (i) suits for sums payable on account of village expenses; (j) suits by cosharer in an estate or holding for a share of the profits thereof or for a settlement of accounts; (k) suits for the recovery of overpayments of rent or land revenue or of any other demand for which a suit lies in a Revenue Court under this sub section; (1) suits relating to the emolument of kanungos, zaildars, inamdars or village officers; THIRD GROUP (m) suits by a landlord for arrears of rent or the money equivalent of rent, or for sums recoverable under section 12; (n) suits by a landowner to recover moneys claimed as due for the enjoyment of rights in or over land or in water including rights of irrigations, right over fisheries, rights of pasturage and forest rights; (o) 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 land owner 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) as Assistant Collector of the second grade may hear and determine any of the suits mentioned in the third group.

Effective date: 1978-12-27

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