4. Bar of certain suits.-

Subject to the exceptions hereinafter appearing, no Civil Court shall exercise jurisdiction as to any of the following matters:- * Subject to verification and confirmation by the Department.

(a) claims against Government relating to any property appertaining to the office of any hereditary officer appointed or recognized under Bombay Act. No. 3 of 1874, or any other law for the time being in force, or of any other village-officer or servant, or claims to perform the duties of any such officer or servant, or in respect of any injury caused by exclusion from such office or service, or suits to set aside or avoid any order under the same Act or any other law relating to the same subject for the time being in force passed by Government or any officer duly authorised in that behalf, or claims against 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 Government or any officer duly authorised in that behalf to be held for service;

(b) objections- to the amount or incidence of any assessment of land-revenue authorised by Government, or to the mode of assessment, or to the principle 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 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 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 laud-revenue on partition of any estate under Bombay Act 4 of 1868, or any other law for the time being in force;

(f) claims against 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 Government under the provisions of any law for the time being in force, or respecting, the occupation of waste or vacant land belonging to Government;

(g) claims regarding boundaries fixed under Bombay Act No. 1 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: Proviso.-Provided that if any person claim to hold land 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 Governor of Bombay in Council under Bombay Act No. II of 1863, section one, clause first, or. Bombay Act No. VII of 1803, section two, 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 17 of 1827, chapter X, or under Act No. 11 of 1852, which declares the particular property in dispute to be exempt; such claim shall be cognizable in the Civil Courts.

* Subject to verification and confirmation by the Department.

1. Rep. by Act 4 of 1894, the First Schedule, Part 3 (w.e.f. 23-2-1894).

2. Rep. by Act 16 of 1895, the First Schedule (w.e.f. 10-10-1895).

Back

Index

Next