87. The Collector how to proceed on such application being made.
- [(1)] [These sub-sections were originally paragraphs of section 87. They were numbered as subsections by Bombay 4 of 1913, section 39.] On application being made under section 86 to the Collector, he shall cause a written notice thereof to be served on the inferior holder or co-sharer fixing a day for inquiry into the case.(2)[] [These sub-sections were originally paragraphs of section 87. They were numbered as subsections by Bombay 4 of 1913, section 39.] On the day so fixed he shall hold a summary inquiry, and shall pass an order for rendering assistance to the superior holder for the recovery of such amount, if any, of rent or land revenue as appears to him upon the evidence before him to be lawfully due.(3)[] [These sub-sections were originally paragraphs of section 87. They were numbered as subsections by Bombay 4 of 1913, section 39.] Assistance may be refused or granted to a limited extent only. - But, if it appears to the Collector that the question at issue between the parties is of a complicated or difficult nature, he may in his discretion either refuse the assistance asked for, or, if the land to which the dispute relates, has been assessed under the provisions [of this Act] [These words were substituted by Bombay 20 of 1939, section 5.] grant assistance to the extent only for the assessment so fixed upon the said land.(4)[] [These sub-sections were originally paragraphs of section 87. They were numbered as subsections by Bombay 4 of 1913, section 39.] Civil suit not to be barred. - Nothing in this section shall prevent either party from having recourse to the Civil Courts, to recover from the other such amount as he may deem to be still due to him or to have been levied from him in excess of what was due, as the case may be.[5] One appeal only shall lie from any order passed under this section.] [Sub-section (5) was added, by Bombay 4 of 1913, section 39.]
