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State of Haryana - Section

Section 77 in The Punjab Tenancy Act, 1887

77. 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 [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] 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.Procedure where revenue matter is raised in a Civil Court :- (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 -
(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, 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 Rs. 1,000 or the matter involved is of the nature mentioned in Section 77(3), First Group, of the Punjab Tenancy Act, 1887 (XVI of 1887), and in other cases may send the suit to an Assistant Collector of the first grade for decision.]First Group
(a)suits between landlord and tenant for enhancement or reduction of rent under Section 24;
(b)suits between landlord 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 suit relating to the rent to be paid under a mortgage made in accordance with form (c) as prescribed by Section 6] [Added by the Punjab Alienation of Land Act, 13 of 1900, Section 22.] of the [Punjab Alienation of Land Act, 1900 (XVI of 1900).] [Repealed by the Adaptation of Laws (Third Amendment) Order, 1951.]
Second Group
(d)suits by a tenant to establish a claim to a right of occupancy or by a landlord to prove that a tenant has not such a right;
(e)suits by a landlord 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 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;
(i)any other suits between landlord 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-payment 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 kanungo, zaildars, inamdars or village officers;
Third Group
(n)suits by a landlord for arrears of rent or the money equivalent of rent or for sums recoverable under Section 14; [or suits for the recovery of such arrears or sums by any other person to whom a right to recover the same has been sold or otherwise transferred;] [Added by Punjab Act 18 of 1963, Section 2.]
(o)suits by a landowner to recover moneys claimed as due for the enjoyment of rights in or over land or in water, including right 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 Financial Commissioner 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 1st grade may hear and determine any of the suits mentioned in the second and the third groups of that Sub- section, and, if he has by name been specially empowered in this behalf by the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] 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.
Administrative Control