Section 10 in The Bengal Revenue-Free Lands (Badshahi Grants) Regulation, 1793
10. Suits against Government by persons claiming to hold lands paying revenue exempt from revenue under badshahi grants.
- Any person having a claim to hold lands paying revenue exempt from the payment of revenue under a badshahi grant must institute his claim against Government, who alone can be the defendant in such suits, in the Diwani Adalat of the zila, in the same manner as in cases where individuals may cLaim a right to hold lands paying revenue exempt from the payment of revenue under grants not of the description of those termed badshahi, in virtue of [Regulation XIX, 1793] [The Bengal Revenue-free Lands (Non-Badshahi Grants) Regulation, 1793.].The Collectors of the revenue are to defend all such suits as may be instituted against Government, and such suits, and the suits which the Board of Revenue may direct the Collector to institute are to be defended or prosecuted by the vakil of Government, under the instructions of the Collector:and in the event of Government being cast, either wholly or in part, or if the Collector shall be dissatisfied with the decree in any respect, all the rules contained in section 30, [Regulation XIV, 1793] [Bengal Regulation XIV of 1793 repealed by Act XVI of 1874, but reference is saved by the provincial to that Act.] and the other sections in that Regulation respecting decisions given against a Collector in any Zila Court in suits instituted against him by any proprietor or farmer of land, for sums of money demanded or actually received by him as arrears of revenue, are to be held applicable to such decree, with this difference, that the suit, from the commencement of it, is to be defended or carried on at the expense of Government, and in the event of the Board of Revenue not deeming it proper to order an appeal from the decision of the Zila Court to be preferred [* * *] [Words 'to the Provincial Court of Appeal, or from the decision of the Provincial Court,' repealed by Act XVI of 1874, omitted.] to the Sadar Diwani Adalat, [* * * *] [Words 'in the event of their Ordering the cause to be appealed to the Provincial Court, and of its being given against them therein,' repealed by Act XVI of 1874, omitted.] they are to report their reasons low [* * *] [Words 'in both cases,' repealed by Act XVI of 1874, omitted.] for not preferring the appeal to the [State] [Word Substituted for the 'Provincial' by the Adaptation of Laws Order, 1950.] Government, who will direct the cause to be appealed or not in either case, as may appear to [it] [Word 'it' Substituted for the word 'him' by Act 1 of 1903.] proper.
