Bar of certain suits

Subject to the exception hereinafter appearing, no Civil Court shall exercise jurisdiction as to any of the following matters : (a) claims against the Government relating to any property appertaining to the office of any hereditary officer appointed or recognised under Bombay Act No. Ill of 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 of any injury caused by exclusion from such office or service, or suits 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 Government or any officer duly authorized in that behalf, or (b) objections— to the amount or incidence of any assessment of land revenue authorized by the State Government or to the mode of assessment, or to the principle on which such assessment is fixed, or to the validity or effect of the notification of survey or settlement, or of any notification determining the period of settlement; (c) claims connected with or arising out of any proceeding for the realization of land-revenue or the rendering of assistance by the State Government or any officer duly authorised 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— (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 1868 or any other law for the time being in force ; (f) claims against the Government- 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 authorised by the State 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 ; (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 ; (fb) suit to set aside or modify decision determining village site or abadi made by Collector or a survey officer under the Bombay Land Revenue Code, 1879 or by a 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 Office by or under any law relating to land revenue ; (fd) suit for or in respect of the declaration of a Bhumidhari as having the rights 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, 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 Government under Bombay Act No. II of 1863, section I, clause first, or Bombay Act No. VII of 1863, section 2, clause first, or (ii) any instrument, sanad or other written grant 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 Hyderabad or Madhya Pradesh and which now form the State of Maharashtra, or (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 1872, Chapter X, or under Act No. XI of 1852 or any other law for the time being in force, which declare 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 of Government being transferred to individuals, they shall be permitted to hold the lands for ever 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. A’s claim is cognizable in a 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.