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Section 139

Exclusion of Jurisdiction of Civil Courts in Matters Within the Jurisdiction of Revenue Officers.

Except as otherwise provided by this Act–

(1) no Civil Court shall have jurisdiction in any matter which a Revenue officer is empowered by this Act to dispose of or take cognizance of ;

(2) a Civil Court shall not exercise jurisdiction over any of the following matters, namely:––

(i) any question as to the limits of any land which has been defined by a Revenue officer as land to which this Act does or does not apply ;

(ii) any claim to compel the performance of any duties imposed by this Act or any other enactment for the time being in force on any Revenue officer, as such ;

(iii) any claim to the office of 1[ x x x x x ] village officer or in respect of any injury caused by exclusion from such office or to compel the performance of the duties or a division of the emoluments thereof ;

(iv) any notification directing the making or revision of a record of-right ;

(v) the framing of a record-of-rights or annual record; or the preparation, signing or attestation of any of the documents included in such a record ;

(vi) the correction of any entry in a record-of-rights, annual record or register of mutations ;

(vii) any notification of the undertaking of the general reassessment of a district or tehsil having been sanctioned by the Government ;

(viii) the claim of any person to be liable for an assessment of land revenue or of any other revenue assessed under this Act ;

(ix) the amount of land revenue to be assessed on any estate or to be paid in respect of any holding under this Act ;

(x) the amount of, or the liability of any person to pay, any other revenue to be assessed under this Act, or any cess, charge or rate to be assessed on an estate or holding under this Act or any other enactment for the time being in force ;

(xi) any claim relating to the allowance to be received by a landholder who has given notice of his refusal to be liable for an assessment, or any claim connected with, or arising out of, any proceedings taken in consequence of the refusal of any person to be liable for an assessment under this Act ;

(xii) the formation of an estate out of waste-land ;

(xiii) any claim to hold free of revenue any land, mills, fisheries or natural products of land or water ;

(xiv) any claim connected with, or arising out of, the collection by the Government, or the enforcement by the Government of any process for the recovery of land revenue, or any sum recoverable as an arrear of land revenue ;

(xv) any claim to set aside, on any ground other than fraud, a sale for the recovery of an arrear of land revenue or any sum recoverable as an arrear of land revenue ;

(xvi) the amount of, or the liability of any person to pay any fees, fines, costs or other charges imposed under this Act ;

(xvii) any claim for partition of an estate, holding or tenancy, or any question connected with, or arising out of, proceedings for partition, unless such question is to be determined by a Civil Court as a question of title arising out of the said proceedings ;

(xviii) any question as to the allotment of land on the partition of an estate, holding or tenancy, or as to the distribution of land revenue on the partition of an estate or holding, or as to the distribution of rent on the partition of a tenancy ;

(xix) any claim to set aside or disturb a division or appraisement of produce confirmed or varied by a Revenue officer under this Act ;

(xx) any question relating to the preparation of a list of village cesses or the imposition by the Government of conditions on the collection of such cesses ;

(xxi) any proceedings under this Act for the commutation of the dues of a superior land-holder ;

(xxii) any claim arising out of the enforcement of an agreement to render public service in lieu of payment of land revenue ;

(xxiii) any claim arising out of the liability of an assignee of land revenue to pay a share of the cost of collecting or reassessing such revenue, or arising out of the liability of an assignee to pay out of assigned land revenue, or of a person who would be liable for land revenue if it had not been released, compounded for or redeemed to pay on the land revenue for which he would but for such release, composition or redemption be liable, such a percentage for the remuneration of a Zaildar, Inamdar or village officer as may be prescribed by rules for the time being in force under this Act ; and

2[(xxiv) the claim of any person for declaring ownership or any right in respect of grazing land and other prohibited Shamilat lands.]


1. Words “Kanongo Zaildar, Inamdar or” omitted by Act XV of 1972.
2. Clause (XXIV) added by Act XV of 1972.