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5. Saving of certain suits.-

Nothing in section four shall be held to pre- Saving of vent the Civil Courts from entertaining the following suits:-

(a) suits against Government 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 authorised in that behalf by 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 a revenue survey or settlement or in any village papers;

(c) suits between superior holders or occupants and inferior holders or tenants regarding the dues claimed or recovered from the latter; and nothing in section four, clause (g) shall be held to prevent the Civil Courts from entertaining suits, other than suits against Government, for possession of any land being a whole survey number or a recognized share of a survey number. 1[and nothing in section four shall be held to prevent the Civil Courts in the Districts mentioned in the second schedule hereto annexed from exercising such jurisdiction 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 Government-

(a) relating to any property appertaining to the office of any hereditary officer appointed or recognized under Bombay Act No. 3 of 1874, 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.]

Bombay Revenue Jurisdiction Act, 1876 Back

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