173. Entries in settlement record when open to question by civil suit.
(1)Any person aggrieved by an entry in a settlement record prepared under sections 168 to 171 and incorporated in a record-of-rights finally published under sub-section (3) of section 170 or by an omission to settle a rent, may institute a suit in the Civil Court [for the relief he claims] [Substituted for 'which would have jurisdiction to entertain a suit for the possession of the land to which the entry relates or in respect of which the omission was made' by section 94(i) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).].(2)Such suit must be instituted within six months from the date of the final publication of the record-of-rights under sub-section (3) of section 170, or, if an appeal has been presented to a Revenue authority under section 171, then within six months from the date of the disposal of such appeal.(3)Such suit may be instituted on any of the following grounds, and on no others, namely: -(a)that the relation of landholder and ryot does or does riot exist;(b)that the land is not liable to the payment of rent;(c)that the land, although entered in the record-of-rights as being held rent-free, is liable to the payment of rent;(d)that any entry made under clauses (d), (e) and (j) of section 165 is incorrect;(e)that special conditions in respect of holding at a favourable rate have been wrongly recorded or omitted;(f)that the [Collector] [Substituted for the words 'Revenue officer' by section 3(1), of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] has wrongly fixed the date from which the operation of the settled rent under the provisions of section 177 should take effect. The Government shall not be made a defendant in any such suit.[***] [Original sub-section (4) was omitted and original sub-section (5) was re-numbered as sub-section (4) by section 94(ii) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).](4)[ The Court shall notify its decree to the District Collector.] [Original sub-section (4) was omitted and original sub-section (5) was re-numbered as sub-section (4) by section 94(ii) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).]
