87. Institution of suits before Revenue Officer - (1) In proceedings under this Chapter a suit may be instituted before a Revenue Officer, at any time within three months from the date of the certificate for the final publication of the record-of-rights under sub-section (2) of Section 83 of the decision of any dispute regarding any entry which a Revenue Officer has made in, or any omission which he has made from the record [except an entry of a fair rent settled under the provisions of Section 85 before the final publication of the record-of-rights] whether such dispute be,-
(a)between the landlord and tenant, or(b)between landlords of the same or of neighbouring estate, or(c)between tenant and tenant, or(d)as to whether the relationship of landlord and tenant exists, or(e)as to whether land held rent-free is properly so held, or[(ee) as to any question relating to the title in land or to any interest in land as between the parties to the suit; or](f)as to any other matter;and the Revenue Officer shall hear and decide the dispute :Provided that the Revenue Officer may, subject to such rules as may be made in this behalf under Section 264, transfer any particular case or class of cases to a competent Civil Court for trial:Provided also that in any suit under this Section, the Revenue Officer shall not try any issue which has been, or is already, directly and substantially in issue between the same parties or between parties under whom they or any of them claim, in proceedings for the settlement of rent under this Chapter, where such issue has been tried and decided, or is already being tried, by a Revenue Officer under Section 86 in proceedings instituted after the final publication of the record-of-rights.(2)An appeal shall lie, in the prescribed manner and to the prescribed Officer from decisions under sub-section (1) [and a second appeal to the High Court shall lie from any decision on appeal of such Officer as if such decision were an appellate-decree passed by the Judicial Commissioner under Chapter XVI.][87A. Under-tenant to be made party in certain proceedings and suits. - When in a proceeding for the settlement of rents under Section 85 or in a suit under Section 87 the status of a tenant is in issue, the Revenue Officer shall direct that every person holding directly or indirectly under such tenant, whose interest may be affected by the decision of the issue, shall if he is not already a party to the proceeding or the suit, as the case may be, be joined as a party.]
