Chapter VII CHAPTER VII

(1) There shall be the same classes of Revenue-officers under this Act as under the Punjab Land-revenue Act, 1887 (XVII of 1887) and, in the absence of any order of the Local Government to the contrary, a Revenue-officer of any class having jurisdiction within any local limits under that Act shall be a Revenue-officer of the same class having jurisdiction within the same local limits under this Act. (2) the expressions “Collector” and “Financial Commissioner” have the same meaning in this Act as in the Punjab Land-Revenue Act, 1887.

(1) the following applications and proceedings shall be disposed of by Revenue-officers as such, and no Court shall take cognizance of any dispute or matter with respect to which any such application or proceeding might be made or had:— FIRST GROUP (a) proceedings under section 27 for the adjustment of rents expressed in terms of the land-revenue; (b) proceedings relating to the remission and suspension of rent under section 30;

(1) When a Revenue-officer is exercising jurisdiction with respect to any such suit as is described in sub-section (3), or with respect to an appeal or other proceeding arising out of any such suit, he shall be called a Revenue Court. (2) There shall be the same classes of Revenue Courts as of Revenue-officers under this Act, and, in the absence of any order of the Local Government to the contrary, a Revenue-officer of any class having jurisdiction within any local limits under this Act shall be a Revenue Court of the same class having jurisdiction within the same local limits. (3) The following suits shall be Instituted in and heard and determined by Revenue Courts, and no other Court shall take cognizance of any dispute or matter with respect to which any such suit might be instituted:— FIRST GROUP. (a) Suits between landlord and tenant for enhancement or reduction of rent under section 24; (b) Suits between landlord and tenant for addition to or abatement of rent under section 28 or for commutation of rent; (c) Suits under section 34 for the determination of rent or other sum on the expiration of the term of an assessment of land-revenue; SECOND GROUP. (d) suits by a tenant to establish a claim to a right of occupancy, or by a landlord to prove that a tenant has not such a right; (e) suits by a landlord to eject a tenant; (f) suits by a tenant under section 45 to contest liability to ejectment, when notice of ejectment has been served ; (g) suits by a tenant under section 50 for recovery of possession or occupancy, or for compensation, or for both; (h) suits by a landlord to set aside a transfer made of a right of occupancy, or to dispossess a person to whom such a transfer has been made, or for both purposes; (i) any other suit between landlord and tenant arising out of a lease or conditions on which a tenancy is held; (j) suits for sums payable on account of village cesses or village-expenses; (k) suits by a co-sharer in an estate or holding for a share of the profits thereof or for a settlement of accounts; (l) suits for the recovery of over-payments of rent or land-revenue or of any other demand for which a suit lies in a Revenue Court under this sub-section: (m) Suits relating to the emoluments of kanungos, zaildars, inamdars or village-officers; THIRD GROUP. (n) Suits by a landlord for arrears of rent or the money-equivalent of rent, or for sums recoverable under section 14; (o) Suits by a landowner to recover moneys claimed as due for the enjoyment of rights in or over land or in water, including rights of irrigation, rights over fisheries, rights of pasturage and forest-rights; (p) Suits for sums payable on account of land-revenue or of any other demand recoverable as an arrear of land-revenue under any enactment for the time being in force, and by a superior landowner for other sums due to him as such. (4) Except as otherwise provided by any rule made by the Financial Commissioner in this behalf,— (a) a Collector may near and determine any or the suits mentioned in sub-section (3) ; (b) an Assistant Collector of the first grade may hear and determine any of the suits mentioned in the second and third groups of that sub-section, and, if he has by name been specially empowered in this behalf by the Local Government, any of the suits mentioned in the first group; and (c) an Assistant Collector of the second grade may hear determine any of the suits mentioned in the third group.

(1) The general superintendence and control over all other Revenue-officers and Revenue Courts shall be vested in, and all such officers and Courts shall be subordinate to, the Financial Commissioner. (2) Subject to the general superintendence and control of the Financial Commissioner, a Commissioner shall control all other Revenue-officers and Revenue Courts in his division. (3) Subject as aforesaid and to the control of the Commissioner a Collector shall control all other Revenue-officers and Revenue Courts in his district.

(1) The Financial Commissioner or a Commissioner or Collector may by written order distribute, in such manner as he thinksfit, any business cognizable by any Revenue-officer or Revenue Court under his control. (2) the Financial Commissioner or a Commissioner or Collector may withdraw any case pending before any Revenue-officer or Revenue Court under his control, and either dispose of it himself or by written order refer it for disposal to any other Revenue-officer or Revenue Court under his control. (3) An order under sub-section (1) or sub-section (2) shall not empower any Revenue-officer or Revenue Court to exercise any powers or deal with any business which he or it would not be competent to exercise or deal with within the local limits of his or its own jurisdiction.

Subject to the provisions of this Act and the rules thereunder, an appeal shall lie from an original or appellate order or decree made under this Act by a Revenue-officer or Revenue Court; as follows, namely :— (a) to the Collector when the order or decree is made by an Assistant Collector of either grade; (b) to the Commissioner when the order or decree is made by a Collector; (c) to the Financial Commissioner when the order or decree is made by a Commissioner: Provided that — (i) an appeal from an order or decree made by an Assistant Collector of the first grade specially empowered by name in that behalf by the Local Government in a suit mentioned in the first group of sub-section (3) of section 77 shall lie to the Commissioner and not to the Collector; (ii) when an original order or decree is confirmed on first appeal, a further appeal shall not lie; (iii) when any such order or decree is modified or reversed on appeal by the Collector, the order or decree made by the Commissioner on further appeal, if any, to him shall be final.

the period of limitation for an appeal under the last foregoing section shall run from the date of the order or decree appealed against, and shall be as follows, that is to say:— (a) when the appeal lies to the Collector—thirty days; (b) when the appeal lies to the Commissioner—sixty days; (c) when the appeal lies to the Financial Commissioner—ninety days;

(1) A Revenue-officer, as such, may either of his own motion or on the application of any party interested, review, and on so reviewing modify, reverse or confirm any order passed by himself or by any of his predecessors in office : Provided as follows: — (a) when a Commissioner or Collector thinks it necessary to review any order which he has not himself passed and when a Revenue-officer of a class below that of Collector proposes to review any order whether passed by himself or by any of his predecessors in officer he shall first obtain the sanction of the Revenue-officer to whose control he is immediately subject; (b) an application for review of an order shall not be entertained unless it is made within ninety days from the passing of the order or unless the applicant satisfies the Revenue-officer that he had sufficient cause for not making the application within that period; (c) an order shall not be modified or reversed unless reasonable notice has been given to the parties affected there by to appear and be heard in support of the order; (d) an order against which an appeal has been preferred shall not be reviewed. (2) For the purposes of this section the Collector shall be deemed to be the successor in office of any Revenue-officer of a lower class who has left the district or has ceased to exercise powers as a Revenue-officer and to whom there is no successor in office. (3) An appeal shall not lie from an order refusing to review, or confirming on review, a previous order.

In the computation of the period for an appeal from, or an application for the review of, an order under this Act, the limitation therefore shall be governed by the Indian Limitation Act, 1877, (XV of 1877).

(1) The Financial Commissioner may at any time call for the record of any case pending before or disposed of by, any Revenue-officer or Revenue Courts subordinate to him.

(1) The Local Government may make rules consistent with this Act for regulating the procedure of Revenue-officers under this Act in cases in which a procedure is not prescribed by this Act. (2) The rules may provide, among other matters, for the mode of enforcing orders of ejectment from, and delivery of possession of, immoveable property, and rules providing for those matters may confer on a Revenue-officer all or any of the powers in regard to contempts, resistance and the like which a Civil Court may exercise in the execution of a decree whereby it has adjudged ejectment from, or delivery of possession of, such property. (3) The rules may also provide for the mode of executing orders as to costs and may adapt to proceedings under this Act all or any of the provisions of the Punjab Land-Revenue Act, 1887, (XVII of 1887) with respect to arbitration. (4) Subject to the rules under this section, a Revenue-officer may refer any case which he is empowered to dispose of under this Act to another Revenue-officer for investigation and report, and may decide the case upon the report.

(1) Appearances before a Revenue-officer as such, and application to and acts to be done before him, under this Act may be made or done. (a) by the parties themselves, or (b) by their recognized agents or a legal practitioner : Provided that the employment of a recognized agent or legal practitioner shall not excuse the personal attendance of a party to any proceeding in any case in which personal attendance is specially required by an order of the officer. (2) For the purposes of sub-section (1), recognized agents shall be such persons as the Local Government may by notification declare in this behalf. (3) The fees of a legal practitioner shall not be allowed as cost in any proceeding before a Revenue-officer under this Act, unless that officer considers, for reasons to be recorded by him in writing, that the fees should be allowed.

(1) An Assistant Collector may exercise his powers under this Act at any place within the limits of the district in which he is employed. (2) Any other Revenue-officer or Revenue court may only exercise his or its powers under this Act within the local limits of his or its jurisdiction.

(1) The Financial Commissioner, with the approval of the Local Government, shall publish in the local Official Gazette before the commencement of each calendar year a list of days to be observed in that year as holidays by all or any Revenue-officers and Revenue Courts. (2) A Proceeding had before a Revenue-officer or Revenue court on a day specified in the list as a day to be observed by the officer or Court as a holiday shall not be invalid by reason only of its having been had on that day.

When a Collector dies or is disabled from performing his duties, the officer who succeeds temporarily to the chief executive administration of the district under any orders which may be generally or specially issued by the Local Government in this behalf shall be deemed to be a Collector under this Act.

When a Revenue-officer of any class who, either as such or as a Revenue Court, has under the foregoing provisions of this Act any powers to be exercised in any local area is transferred from that local area to another as a Revenue-officer or Revenue Court of the same or a higher, class, he shall continue to exercise those powers in that other local area, unless the Local Government otherwise directs or has otherwise directed.

(1) The Local Government may by notification confer on any person.— (a) all or any of the powers of a Financial Commissioner, Commissioner or Collector under this Act, or (b) all or any of the powers with which an Assistant Collector of either grade is, or may be, invested thereunder, and may by notification withdraw any powers as conferred. (2) A person on whom powers are conferred under sub-section (1) shall exercise those powers within such local limits and in such classes of cases as the Local Government may direct, and, except as otherwise directed by the Local Government, shall for all purposes connected with the exercise thereof be deemed a Financial Commissioner, Commissioner, Collector or Assistant Collector, as the case may be. (3) Before conferring powers on the Judge of a Civil Court under sub-section (1), the Local Government shall consult the Chief Court. (4) If any of the powers of a Collector under section 78, section 79, section 80 or section 82 are conferred on an Assistant Collector, they shall, unless the Local Government by special order otherwise directs, be exercised by him subject to the control of the Collector.

(1) The Financial Commissioner may, in addition to the other rules which may be made by him under this Act, make rules consistent with this Act and any other enactment for the time being in force— (a) determining, notwithstanding anything in any record-or-rights, the number and amount of the instalments and the times by and at which rent is to be paid; (b) for the guidance of Revenue-officers in determining, for the purposes of this Act, the amount of the land-revenue of any land; (c) prescribing, for all or any of the territories to which this Act extends the periods during which in proceedings held under this Act, a Revenue-officer or Revenue Court is not, except for reasons of urgency to be recorded, to issue any process of arrest against, tenant or against a landowner who cultivates his own land; (d) regulating the procedure in cases where persons are entitled to inspect records of Revenue-officer or Revenue Courts, or to obtain copies of the same, and prescribing the fees payable for searches and copies ; (e) prescribing forms for such books, entries, statistics and accounts as the Financial Commissioner thinks necessary to be kept, made or compiled in Revenue-officers or Revenue Courts or submitted to any authority;

The power to make any rules under this Act is subject to the control of the Governor General in council, and to the condition of the rules being made after precious publication.

all powers conferred by this Act on the Financial Commissioner may be exercised from time to time as occasion requires.

(1) A Revenue-officer may give and apportion the costs of any proceeding under this Act in any manner he thinks fit ; (2) But if he orders that the costs of any such proceeding shall not follow the event, he shall record his reasons for the order.

(1) The Local Government may, with the previous sanction of the Governor General in Council, make rules consistent with this Act for regulating the procedure of Revenue Courts in matters under this Act for which a procedure is not prescribed thereby, and may by any such rule direct that any provisions of the Code of Civil Procedure shall apply with or without modification to all or any classes of cases before those Courts. (2) Until rules are made under sub-section (1), and subject to those rules when made and to the provisions of this Act,— (a) the Code of Civil Procedure shall, so far as it is applicable, apply to all proceedings in Revenue Courts whether before or after decree; and (b) the Financial Commissioner shall, in respect of those proceedings be deemed to be the High Court within the meaning of that Code, and shall, subject to the provisions of this Act, exercise, as regards the Courts under his control, all the powers of a High Court under the Code.

(1) A Revenue-officer or Revenue Court may summon any person whose attendance he or it considers necessary for the purpose of any application, suit or other business before him or it as a Revenue-officer or Revenue Court. (2) A person so summoned shall be bound to appear at the time and place mentioned in the summons in person or, if the summons so allows, by his recognized agent or a legal practitioner. (3) The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or makes statements and to produce such documents and other things relating to any such matter as the Revenue-officer or Revenue Court may require.

(1) A summons issued by a Revenue-officer or Revenue Court shall, if practicable, be served (a) personally on the person to whom it is addressed, or failing him on (b) his recognized agent or (c) an adult male member of his family who is residing with him. (2) If service cannot be made, or if acceptance of service so made is refused, the summons may be served by posting a copy thereof at the usual or last known place of residence of the person to whom it is addressed, or, if that person does not reside in the district in which the Revenue-officer is employed or the Revenue Court is held, and the case to which the summons relates has reference to land in that district, then by posting a copy of the summons on some conspicuous place in or near the estate wherein the land is situate. (3) If the summons relates to a case in which persons having the same interest are so numerous that personal service on all of them is not reasonably practicable, it may, if the Revenue-officer or Revenue Court so directs, be served by delivery of a copy thereof to such of those persons as the officer or Court nominates in this behalf and by proclamation of the contents thereof for the information of the other persons interested. (4) A summons may if, the Revenue-officer or Revenue Court so directs, be served on the person named therein, either in addition to, or in substitution for, any other mode of service, by forwarding the summons by post in a letter addressed to the person and registered under Part III of the Indian Post Office Act 1866 (XIV of 1866). (5) When a summons is so forwarded in a letter and it is proved that the letter was properly addressed and duly posted and registered, the officer or Court may presume that the summons was served at the time when the letter would be delivered in the ordinary course of post.

A notice, order or proclamation, or copy of any such document, issued by a Revenue-officer or Revenue Court for service on any person shall be Served in the manner provided in the last foregoing section for the service of a summons.

When a proclamation relating to any land is issued by a Revenue-officer or Revenue Court, it shall in addition to any other mode of publication which may be prescribed by any enactment for the time being in force, be made by beat of drum or other customary method, and by the posting of a copy thereof on a conspicuous place in or near the land to which it relates.

(1) Any number of tenants cultivating in the same estate may, in the discretion of the Revenue-officer or Revenue Court and subject to any rules which the Local Government may make in this behalf, be made parties to any proceeding under Chapter III ; (2) But a decree or order shall not be made in any such proceeding unless the Revenue-officer or Revenue Courts is satisfied that all the parties thereto have had an opportunity of appearing and being heard. (3) A decree or order made in any such proceeding shall specify the extent to which each of the tenants is affected thereby.

Nothing in section 424 of the Code of Civil Procedure (XIV OF 1882) or in section 36 of the Punjab Municipal Act 1884, (XIII of 1884) shall be construed to apply to a suit of a class mentioned in section 77 of this Act.

(1) When a defendant admits that money is due from him on account of rent, but pleads that it is due not to the plaintiff but to a third person, the Court shall, except for special reasons to be recorded by it, refuse to take cognizance of the plea unless the defendant pays into Court the amount so admitted to be due.

A Court passing a decree for an arrear of rent may, on the oral application of the decree-holder, order execution thereof against the moveable property of the tenant, and against any uncut or ungathered crops on the tenancy in respect of which the arrear is decreed.

A tenant shall not during the continuance of his occupancy be liable to imprisonment on the application of his landlord in execution of a decree for an arrear of rent.

(1) If, in any proceeding pending before a Revenue Court exercising original, appellate or revisional jurisdiction, it appears to the Court that any question in issue is more proper for decision by a Civil Court, the Revenue Court may, with the previous sanction of the Court, if any, to the control of which it is immediately subject, require, by order in writing, any party to the proceeding to institute, within such time as it may fix in this behalf, a suit in the Civil Court for the purpose of obtaining a decision on the question, and, if he fails to comply with the requisition, may decide the question as it thinks fit. (2) If the party institutes the suit in compliance with the requisition, the Revenue Court shall dispose of the proceeding pending before it in accordance with the final decision of the Civil Court of first instance or appeal, as the case may be.

(1) If the presiding officer of a Civil or Revenue Court in which a suit has been instituted doubts whether he is precluded from taking cognizance of the suit, he may refer the matter through the Divisional Judge or Commissioner, or, if he is a Divisional Judge or Commissioner, directly to the Chief Court. (2) On any such reference being made the Chief Court may order the presiding officer either to proceed with the suit or to return the plaint for presentation in such other Court as it may in its order declare to be competent to take cognizance of the suit. (3) The order of the Chief Court on any such reference shall be conclusive as against persons who are not parties to the suit as well as against persons who are parties thereto.

(1) In either of the following cases, namely: — (a) if it appears to a Civil Court that a Court under its control has determined a suit of a class mentioned in section 77 which under the provisions of that section should have been heard and determined by a Revenue Court, or (b) if it appears to a Revenue Court that a Court under its control has determined a suit which should have been heard by a Civil Court the Civil Court or Revenue Court, as the case may be, shall submit the record of the suit to the Chief Court. (2) If on perusal of the record it appears to the Chief Court that the suit was so determined in god faith, and that the parties have not been prejudiced by the mistake as to jurisdiction, the Chief Court may order that the decree be registered in the Court which had jurisdiction. (3) If it appears to the Chief Court, otherwise than on submission of a record under subsection (1), that a Civil Court under its control has determined a suit of a class mentioned in section 77 which under the provisions of that section should have been heard and determined by a Revenue Court, the Chief Court may pass any order which it might have passed if the record had been submitted to it under that sub-section. (4) With respect to any proceeding subsequent to decree, the Chief Court may make such order for its registration in a Revenue court or Civil Court as in the circumstances appears to be just and proper. (5) An order of the Chief Court under this section shall be conclusive as against persons who were not parties to the suit or proceeding as well as against persons who were parties thereto, and the decree or proceeding to which the order relates shall have effect as if it had been made or had by the Court in which the order has required it to be registered. (6) The provisions of this section shall apply to any suit instituted on or after the first day of November, 1884 and to proceedings arising out or any such suit.