Section 4 in The Maharashtra Revenue Jurisdiction Act, 1876
4. Bar of certain suits.
- Subject to the exceptions hereinafter appearing, no Civil Court shall exercise jurisdiction as to any of the following matters:(a)[claims against the [Government] [The words 'claims against the Crown' were substituted for the words 'claims against Government' by the Adaptation of Indian Laws Order in Council.] relating to any property appertaining to the office of any hereditary officer appointed or recognized under [Bombay Act No. III of 1874] [The Bombay Hereditary Offices Act, 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 or any injury caused by exclusion from such office or service, orsuits 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 the [State] [The words 'by the Provincial Government' were substituted for the words 'by Government', by the Adaptation of Indian Laws Order in council.] Government] or any officer duly authorized in that behalf, or[* * * * * * *] [The para beginning with the words 'claims against the Government relating to lands hold under treaty' and ending with the words 'to be hold for service' was deleted by Bombay 48 of 1959, Section 4(i).](b)objections-to the amount or incidence of any assessment of land revenue authorized [by the [State] [The words 'by the Provincial Government' were substituted for the word 'try Government' by the Adaptation of Indian Laws Order in Council.] Government] orto the mode of assessment, or to the principle on which such assessments fixed, orto the validity or effect or the notification or survey or settlement, or of any notification determining the period of settlement;(c)claims connected with or arising out or any proceedings for the realization of land-revenue or the rendering or assistance [by the [State] [The words 'by the Provincial Government' were substituted for the word 'try Government' by the Adaptation of Indian Laws Order in Council.] 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 the [Government] [The words 'claims against the Crown' were substituted for the words 'claims against Government' by the Adaptation of Indian Laws Order in Council.]]-(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 land-revenue on partition of any estate under [Bombay Act IV of 1968] [Bombay 4 of 1968, Bombay 1 of 1865 (expect as 37 and 38) and Bombay Reg. 17 of 1827 are repealed by the Bombay Land Revenue Code, 1879 (Bombay V of 1879), in areas in which the latter Act is in force Sections 37 and 38 of Bombay 1 of 1865 are repealed so far as they apply to any village in the Ratnagiri or the Kolaba District to which the Khoti Settlement Act, 1880 (Bombay 1 of 1880), extends or is extended.] or any other law for the time being in force;(f)[claims against the [Government] [The words 'claims against the Crown' were substituted for the words 'claims against Government' by the Adaptation of Indian Laws Order in Council.] ]-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, rate, premium or penalty imposed, assessed or authorized] [These words were substituted for the words 'any cess or rate authorized' by Bombay 48 of 1959, Section 4(ii).] [by the [State] [The words 'by the Provincial Government' were substituted for the words 'by Government' by the Adaptation of Indian Laws Order in Council.] Government] under the provisions of any law for the time being in force, or respecting the occupation of waste or vacant land belonging [to the [Government] [The words 'to the Crown' were substituted for the words 'to Government' by the Adaptation of Indian Laws Order in Council.] ];(fa)[ claims against the Government or any Revenue Officer for remission or suspension of land revenue, or for a declaration that crops have failed in any year; [Clauses (fa) to (ff) were inserted by Bombay 48 of 1959, Section 4(iii).](fb)suit to set aside or modify decision determining village site or abadi made by the Collector or a survey officer under the Bombay Land Revenue Code, 1879 or by any Revenue Officer under any other law for the time being in force;(fc)suit to compel the performance of any duty imposed on any Revenue Officer by or under any law relating to land revenue.(fd)suit for or in respect or the declaration of a Bhumidhari as having the right of a Bhumiswami under section 150 of the Madhya Pradesh Land Revenue Code, 1954;(fe)application for purchase of right in trees under sub-section (3) of section 162 of the Madhya Pradesh Land Revenue Code, 1954;(ff)suit to modify any entry in the Nistar Patrak prepared under section 219 of the Madhya Pradesh Land Revenue Code, 1954;](g)claims regarding boundaries fixed under [Bombay Act No. I of 1865,] [Bombay 4 of 1968, Bombay 1 of 1865 (expect as 37 and 38) and Bombay Reg. 17 of 1827 are repealed by the Bombay Land Revenue Code,1879 (Bombay V of 1879), in areas in which the latter Act is in force Sections 37 and 38 of Bombay 1 of 1865 are repealed so far as they apply to any village in the Ratnagiri or the Kolaba District to which the Khoti Settlement Act, 1880 (Bombay 1 of 1880), extends or is extended.] 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:Provided that, if any person claims to hold 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 [ [State] [The words 'Provincial Government' were substituted for the words 'Governor of Bombay in Council' by the Adaptation of Indian Laws Order In Council.] Government] under Bombay Act No. II of 1863, section 1, clause first, or Bombay Act No. VII of 1863, section 2, clause first, or(ii)[ any instrument, sanad or other written grant duly given duly given or made by any of the Governments of the territories, which immediately before the commencement of the States Reorganisation Act, 1956 were comprised in the State of Substituted by A.O. 1960. Hyderabad or Madhya Pradesh] and which now form the State of Maharashtra, or] [Clause (ii) was Inserted by Bombay 48 of 1959, Section 4(iv).](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 XVII of 1827,] [Bombay 4 of 1868. Bombay 1 of 1865 (except Sections 37 and 38), and Bombay Reg. 17 of 1827 are repealed by the Bombay Land- Revenue Code, 1879 (Bombay V of 1879) in areas in which the latter Act is in force Sections 37 and 38 of Bombay 1 of 1865 are repealed so far as they apply to any village in the Ratnagiri or the Kolaba District to which the Khoti Settlement Act, 1880 (Bombay 1 of 1880), extends or is extended.] Chapter X, or under [Act No. XI of 1852] [Bombay Rent-free Estates Act, 1852.] [or any other law for the time being in force] [These words were inserted by Bombay 48 1959, Section 4(iv).], which declares the particular property in dispute to be exempt,such claim shall be cognizable in the Civil Courts.Illustrations to (h)(1)It is enacted that, in the event of the proprietary right in lands, the property Government being transferred to individuals, they shall be permitted to hold the lands forever at the assessment at which they are transferred. The proprietary right in certain lands is transferred to A at an assessment of Rs. 100. An exemption from higher assessment not before existing is expressly created in favour of A by enactment, and he may seek relief in the Civil Court against over-assessment.(2)It is enacted that, when a specific limit to assessment has been established and preserved, the assessment shall not exceed such specific limit. A is the owner of land worth Rs. 100 for assessment. He claims to be assessed at Rs. 50 only on the strength of a course of dealing with him and his predecessors under which his land has not been more highly assessed. There is no exemption not before existing created by enactment, and A's claim is not cognizable in a Civil Court.(3)It is enacted that land-revenue shall not be leviable from any land held and entered in the land-registers as exempt. A claims to hold certain land as exempt on the ground that it has been so held by him, and is so entered in the land-register. This is an exemption expressly confirmed by enactment on the ground of its being shown in a public record, and A's claim is cognizable in a Civil Court.(4)It is enacted that the Collector shall confirm existing exemptions of all lands shown in certain maps to be exempt. A claims exemption, alleging that his land is shown in the maps to be exempt. As claim is cognizable in Civil Court.(5)It is enacted that assessment shall be fixed with reference to certain considerations and not with reference to others. This is not an enactment creating an exemption in favour of any individual or class, and no objection to an assessment under such an enactment is cognizable in a Civil Court.
