49: Revenue courts and suits cognizable by them

(1) When a Revenue Officer is exercising jurisdiction with respect to any such suit as it 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 Courts shall take cognizance of any such dispute or matter with respect to which any suit might be instituted: Provided that: — (1) 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; (2) On the plaint being presented to the Collector, the Collector shall proceed to hear and determine the suit where the value thereof exceeds Rs. 1,000 or the matter involved is of the nature mentioned in Section 49 (3) First Group, of the [Khyber Pakhtunkhwa] Tenancy Act, 1950, and in other cases may send the suit to an Assistant Collector of the 1st Grade for decision. FIRST GROUP. (a) suits between landlord and tenant for addition to or abatement of rent under Section 13 or for commutation of rent; (b) suits under section 19 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. SECOND GROUP. (c) suits by a landlord to eject a tenant; (d) suits by a tenent under Section 28 to contest liability to ejectment when notice of ejectment has been served; (e) suits by a tenant under Section 33 for recovery of possession or occupancy, or for compensation, or for both; (f) any other suit between landlord and tenant arising out of the lease or conditions on which a tenancy is held; (g) suits for sums payable on account of village expenses; (h) suits by a co-sharer in an estate or holding for a share of the profits thereof or for a settlement of accounts; (i) 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; (j) suits relating to the emolument of Kanungos, zaildars, inamdars or village officers; THIRD GROUP. (k) suits by a landlord for arrears of rent or the money equivalent of rent, or for sums recoverable under section 7; (l) suits by a landowner to recover money claimed as due for the enjoyment of rights in or over land or in water including rights of irrigation, right over fisheries, rights of pasturage and forest rights; (m) 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 or the Commissioner] in this behalf:— (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 suit mentioned in the third group.

Effective date: 1950-06-20

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