Section 5 in The Maharashtra Revenue Jurisdiction Act, 1876
5. Saving of certain suits.
- Nothing in section 4 shall be held to prevent the Civil Courts from entertaining the following suits:(a)suits [against the [Government] [The words 'against the Crown' were substituted for the words 'against Government' by the Adaptation of Indian Laws Order in Council.] ] to contest the amount claimed, or paid under protest, or recovered, as land-revenue, on the ground that such amount is in excess of the amount authorized in that behalf [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 that such amount had, previous to such claim, payment or recovery, been satisfied, in whole or in part or that the plaintiff, or the person whom he represents is not the person liable for such amount;(b)suits between private parties for the purpose of establishing any private right, although it may be affected by any entry in any record of revenue-survey or settlement or in any village-papers;(c)suits between superior holders or occupants and inferior holder or tenants, regarding the dues claimed or recovered from the latter;and nothing in section 4, clause (g), shall be held to prevent the Civil Courts from entertaining suits, other than suits [against the [Government] [The words 'against the Crown' were substituted for the words 'against Government' by the Adaptation of Indian Laws Order in Council.] ] for possession of any land being a whole survey-number or a recognized share of a survey-number;[and nothing in section 4 shall be held to prevent the Civil Courts in the districts mentioned in the Second Schedule hereto annexed from exercising such jurisdictions as, according to the terms of any law in force on the twenty-eighth day of March, 1876, they could have exercised over claims [against the [Government] [This paragraph was added by the Bombay Revenue Jurisdiction (Amendment) Act, 1877 (16 of 1877).]]-(a)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.] or any other law for the time being in force, or of any other village-officer or servant;(b)to hold land wholly or partially free from payment of land-revenue;(c)to receive payments charged on, or payable out of, the land-revenue.]
