Sindh Revenue Jurisdiction Act, 1876

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7
 
 
 
 
THE SINDH REVENUE JURISDICTION ACT, 1876
 
 
CONTENTS
 
1.
 
Short Tittle and extent
 
2
. 
 
[
Repeal]
 
3. 
 
Interpretation
-
clause
 
4. 
 
Bar of certain suits
 
5. 
 
Saving of certain suits
 
6. 
 
Bar of certain suits against 
Revenue
-
officers
 
7. 
 
Punishment or prosecution of Revenue
-
officers no bar to civil remedies
 
8 to 10. [
Suits against Revenue
-
officers
]
 
11. 
 
Suits not to be entertained unless plaintiff has exhausted right of appeal
 
12. 
 
Power of Government to refer question
s for decision of High Court
 
13. 
 
Power of Civil Judge to refer questions of jurisdiction to High Court
 
14. 
 
Composition of Bench
 
15. 
 
[
Repeal
]
 
16. 
 
Privileges of Gov
ernment in suits defended by it
 
17.
 
[
Repeal]
 
SCHEDULE.
 
___
[
Enactments repealed.
]
 
T
HE
 
SECOND SCHEDULE.
 
___
[
Omitted.
]
 
 
 
 
 

 
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2
 
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7
 
 
THE SINDH REVENUE JURISDICTION ACT, 1876
 
1
Act No. X OF 1876
 
[28th March, 1876
]
 
An Act to limit the jurisdiction of the Civil Courts 
2
[in Sindh and the Karachi Division] in matters 
relating to the 
Land
-
revenue, and for other purposes.
 
Preamble. 
WHEREAS in certain parts of 
3
[Sindh and the Karachi Division] the jurisdiction of 
the Civil Courts in matters connected with the land
-
revenue is more extensive than it is in the 
4
[other 
parts thereof]
; 
 
AND WHEREAS it is expedient that the jurisdiction of all the Civil Courts in the said 
5
[territories] should be limited in manner hereinafter appearing; 
 
AND WHEREAS it is also expedient to amend the 
6
[Sindh
 
Civil Courts Act], section 32 
and 
to revive certa
in provisions of the 
7
thirteenth section of Regulation XVII of 
1827 
of the Bombay Code, 
which was repealed by the Land Improvement Act, 
1871. 
 
8
*
 
 
*
 
 
*
; 
 
It is hereby enacted as follows:
__
_
 
 
9
[1.Short Tittle and extent.
-
(1) T
his Act may be called the 
Sindh
 
Revenue Jurisdiction Act, 
1876 (2) It extends to 
10
* * * Sindh
 
and the 
11
[Karachi Division], but not so as to affect any of the 
provisions of Act XXIII of 1871]. 
 
2
. [
Repeal of enactments
] 
Rep. by the Amending Act, 
1891 (
XII of 
1891). 
 
3. Interpretat
ion
-
clause.
-
In this Act unless there be something repugnant in the subject or 
context,
__
_
 
 
 
1
For Statement of Objects and Reasons, 
see 
Gazette of India, 1873, Pt. V, p.534; for Preliminary Report of the Select Committee, 
see ibid., 
1874, Pt. V, 
p. 70 ; for
 
further Report of the Select Committee. 
see ibid., 
1875, Pt. v, p. 210 and for Proceedings in Council, 
see ibid., 
1875, Supplement, p. 4, and 
ibid., 
1876, Supplement, pp. 344 and 405. 
 
This Act has been amended in its application to the Province of Sindh, by the Sindh Act No. XVII of 1975, E. 3 and Sch. 
 
2
The original words “throughout the Bombay Presidency” were first subs. by A.O., 1949, Sch. and then amended by the Repealing 
and Amend
ing 
Ordinance, 1961 (1 of 1961), s. 3 and 2nd Seh., and A.O., 1964, Art. 2 and Sch., to read as above. 
 
3
The original words “the Presidency of Bombay” were first subs. by A.O., 1949, Sch., and then amended by the Central Laws (Sta
tute Reform) Ordinance, 
19
60 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), Ord. 1 of 1961, s. 3 and 2nd Sch., and A.O., 19
64, Art. 2 and Sch., to read 
as above. 
 
4
The original words” rest of the said Presidency” have successively been amended by A.O., 1
949, and Ord. 21 of 1960, s. 3 and 2nd Sch. (with effect 
from the 14th October, 1955), to read as above. 
 
5
Subs. by Ord. 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for” Province and Capital” which bad b
een subs. by A.O., 1949,
 
Sch., for “Presidency”. 
 
6
Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., for “Bombay Civil Courts Act”
. 
 
7
S. 17 of this Act which revived s. 13 of Bom. Reg. 17 of 1827 was rep. by the Bombay Revenue Jurisdi
ction Act, 1880 (15 of 1880), except in scheduled 
districts to which the Bombay Land Revenue Code. 1879 (Bom. 5 of 1879), has not been extended; 
see 
s. 2 of Act 15 of 1880. 
 
8
The words “and to provide for the recovery by the Local Government of advances ma
de for purposes other than those specified in section 3 of the Land 
Improvement Act. 1871” were rep. by the Repealing and Amending Act, 1894 (4 of 1894). 
 
9
Subs. by Act 26 of 1951, s. 4 and III Sch., for the original section 1 as amended by the Amending Ac
t, 1891 (12 of 1891), the Repealing and Amending 
Act, 1895 (16 of 1895), and A. O., 1937. 
 
10
The words “the Province of” omitted by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (wit
h effect from the 14th 
October, 1955).
 
 
11
Subs. by A. O.,1964, Art. 2 and Sch., for “Federal Territory of Karachi” which had been subs. by the Repealing and Amending O
rdinance, 1961 (1 of 
1961), s. 3 and 2nd Sch., for “Capital of the Federation”. 
 
 
 
 
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3
 
of 
7
 
 
“land” includes the sites of villages, towns and
 
cities: it also includes trees, growing crops and 
grass, fruit upon, and juice in, trees, rights
-
of
-
way, ferries, fisheries and all other benefits to arise out 
of land, and things attached to the earth or permanently fastened to things attached to the ear
th: 
 
“land
-
revenue” means all sums and payments, in money or in kind received or claimable by or 
on behalf 
1
[of the Government] from any person on account of any land held by or vested in him, and 
any cess or rate authorized 
2
[by the Provincial Government] under the provisions of any law for the 
time being in force: 
 
“Revenue
-
officer” means any officer employed 
in or about the business of the land
-
revenue, 
or of the surveys assessment, accounts or records connected therewith. 
 
4. Bar of certain suits.
___
 
Subject to the exceptions hereinafter appearing no Civil Court shall 
exercise jurisdiction as to any of the fo
llowing matters: 
 
(
a
) 
3
* 
 
 
* 
 
* 
 
* 
 
* 
 
*
 
 
* 
 
4
[claims against the 
5
[Government]] relating to lands held under treaty or to lands 
granted or held as saranjam, or on other political tenure, or to lands declared 
6
[by the Provincial 
Government] or any officer 
duly authorized in that behalf to be held for service; 
 
(a) 
 
objections
—
 
 
to the amount or incidence of any assessment of land
-
revenue authorized 
6
[by the Provincial 
Government], or to the mode of assessment, or to the principal on which such assessment is
 
fixed, or 
 
to the validity or effect of the notification of surveyor settlement, or of any notification 
determining the period of settlement; 
 
(
c
) 
 
claims connected with or arising out of any proceedings for the realization of 
land
-
revenue or the rendering of assistance 
6
[by the Provincial Government] or 
any officer duly authorized in hat behalf to superior holders or occupants for the 
recovery of the
ir 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
) 
     
7
[claims against the 
8
[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 
 
 
1
The original words “of 
Government” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956), 
to read as above. 
 
2
Subs. by A.O0., 1937, for “by Govt”. 
 
3
The first three paras of clause (
a
) , omitted by A.O., 1949, Sch. 
 
4
Subs. 
by A.O., 1937, for “claims against Govt.”. 
 
5
Subs. by A. O., 1961, Art. 2. for “Crown” (with effect from the 23rd Marrch,1956). 
 
6
Subs. by A.O., 1937, for “by Govt.”. 
 
7
Subs. 
ibid., 
for “claims against Govt.”. 
 
8
Subs. by A.O., 1961, Art. 2, for “Crown” (with effect from the 23rd March,1956). 
 
 
 
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4
 
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(
e
) 
 
the distribution of land or allotment of land
-
revenue on partition of any estate 
under 
1
Bombay Act IV of 1868 or any other law for the time being in force; 
 
(3) to have
 
any such entry either omitted or amended; 
 
(
f
) 
 
2
[claims against the 
3
[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 or rate authorized 
4
[by the 
Provincial Government] under the provisions of any law for the tim
e being in force, or 
 
respecting the occupation of waste or vacant land belonging 
5
[to the Government]; 
 
(
g
) 
 
claims regarding boundaries fixed under 
6
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: 
 
Proviso. 
Provided that, if any person claim 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 pers
ons, 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 
7
[Provincial Government] 
under 
8
Bombay A
ct No. II of 1863 section 1, clause first, or 
9
Bombay Act No. 
VII of 1863 section 2, clause first, 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 adju
dication duly passed by a competent 
officer under 
10
Bombay Regulation XVII of 1827 Chapter X, or under 
11
Act No. 
XI of 1852, which declares the particular property in dispute to be exempt, such 
claim shall be cognizable in the Civil Courts. 
 
Illustrations 
to (h) 
 
 
 
1
Since rep. by the Bombay Land
-
Revenue Code, 1879 (Bom. 5 of 1879), in areas in which that Code is in force. 
 
2
Subs. 
by A.
 
O
.,
 
1937
 
for “claims against Govt.”. 
 
3
Subs. by A.O., 1961, Art. 2, for “Crown” (with effect from the 23rd March,1956). 
 
4
Subs. by A.O., 1937, for “by Govt.”.
 
The original words “to Government” were first subs. by A.O., 1937, and then amended by A.O., 1961, Art. 2 (
with effect from the 23rd Mar
ch, 1956
), to 
read as above. 
 
 
6
Bom. Act 1 of 1865 (except s. 37), and Bom. Reg. 17 of 1827 are rep. by the Bombay Land
-
revenue Code, 1879 (Bom. 5 of 1879), in areas in which the 
latter Act is in force. 
 
7
Subs. by A. O., 1937, for “Governor of Bombay in Council”. 
 
8
The Exemptions from La
nd
-
revenue (No. I) Act, 1863. 
 
9
The Exemptions from Land
-
revenue (No. II) Act, 1863. 
 
10
Bom. Act I of 1865 (except s.37), and Bom. Reg. 17 of 1827 are rep. by the Bombay Land
-
revenue Code, 1879 (Bom. 5 of 1879), in areas in which the 
latter Act is in force
. 
 
11
The Bombay Rent
-
free Estates Act, 1852. 
 
 
 
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5
 
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7
 
 
(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 
whi
ch 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 Co
urt 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 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 ex
emption 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 exe
mpt. A claims exemption, alleging that his land is shown in the maps to be 
exempt. A’s claim is cognizable in Civil Court. 
 
(5) It is enacted that assessment shall be fixed with reference to certain considerations and not 
with reference 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. 
 
5. Saving of certain suits.
___
 
Nothing in section 4 shall be held to prevent the Civil Cour
ts 
from entertaining the following suits: 
 
(a) 
 
suits 
l
[against the Government] to contest the amount claimed, or paid under 
protect, or recovered, as land revenue, on the ground that such amount is in 
excess of the amount authorized in that behalf 
2
[by the Provincial 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 betwee
n private parties for the purpose of establishing any private right, 
although it may be affected by any entry in any record of revenue
-
surveyor 
settlement or in any village
-
papers; 
 
(c) 
 
suits between superior holders or occupants and inferior holders or t
enants 
regarding the dues claimed or recovered from the latter; 
 
and nothing in section 4, clause (
g
)
, 
shall be held to prevent the Civil Courts from entertaining 
suits, other than suits 
l
[against the Government], for possession of any land being a whole s
urvey 
number or a recognized share of a survey
-
number; 
 
3
* 
 
* *
 
 
 
*
 
 
* 
 
*
 
 
* 
 
 
1
The original words “against Government” were first subs. by A.O.,1937 and then amended by A. O.,1961, Art. 2 (with effect fro
m the 23rd March, 
1956), to read as above. 
 
2
Subs. by A.O., 1937, for 
“
by Govt.”.
 
3
Third paragraph omitted by A.O., 1949, Sch. It 
was inserted by the Bombay Revenue Jurisdiction (Amdt.) Act, 1877 (16 of 1877). 
 
 
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7
 
 
6. Bar of certain 
suits against Revenue
-
officers.
___
 
Revenue
-
officers shall not be liable to be 
sued for damages in any Civil Court for any act 
bona
-
fide 
done or ordered to be
 
done by them as such 
in pursuance of the provisions of any law for the time being in force. 
 
If any Revenue
-
officer absconds or does not attend when called on by his official superior, and 
if the Collector of the district proceeds against him or his suret
ies for public money, papers or property 
according to the provisions of any law for the time being in force, such Collector shall not be liable to 
pay damages or costs in any suit brought against him by such officer or sureties although it appears 
that a p
art only, or no part whatever, of the sum demanded was due from the officer so absconding or 
failing to attend, or that he was not in possession of the papers or property demanded of him. 
 
7. Punishment or prosecution of Revenue
-
officers no bar to civil re
medies. 
Nothing in any 
law for the time being in force which authorizes the punishment departmentally of any Revenue
-
officer 
for any offence or breach of duty, or which sanctions his prosecution criminally for such offence or 
breach, shall be held to bar a
ny remedy which may be had in the Civil Court against such officer. 
 
8 to 10. [
Suits against Revenue
-
officers. 
Appeals from their proceedings. Power for Local 
Government to call for record.
] 
Rep. by the Bombay Revenue Jurisdiction Act, 
1880 
(XV 
of 1880). 
 
11. Suits not to be entertained unless plaintiff
 
has exhausted right of appeal.
___
 
No Civil 
Court shall entertain any suit 
l
[against the Government] on account of any act or omission of any 
Revenue
-
officer unless the plaintiff first proves that, previously
 
to bringing his suit, he has presented 
all such appeals allowed by the law for the time being in force as, within the period of limitation 
allowed for bringing such suit, it was possible to present. 
 
12. Power of Government to refer questions for decision
 
of High Court.
–
If, in the trial or 
investigation of any suit, claim or objection which, but for the passing of this Act, might have been 
tried or investigated by a Civil Court, there arises any question on which 
1
* * * the 
2
[Provincial 
Government] desires
 
to have the decision of the 
3
[High Court], 
4
* * * the 
2
[Provincial Government] 
5
* 
* * may cause a statement of the question to be prepared, and may refer such question for the decision 
of the 
6
[High Court]. 
 
The 
7
[High Court] shall fix an early day for the hearing of the question referred, and cause 
notice of such day to be placed in th
e court
-
house. 
 
The parties to the case may appear and be heard in the 
3
[High Court] in person or by their 
advocates or pleaders. 
 
The 
3
[High Court] when it has heard and considered the case, shall send a copy of its decision, 
with the reasons therefor, un
der the seal of the Court, to the Government by which the reference was 
made, and, subject to any appeal which may be presented to 
8
[the Supreme Court], the case shall be 
disposed of conformably to such decision.
 
 
l
The words “the G. G. in C. or” rep. by A.
 
O., 1937. 
 
2
Subs. 
ibid., 
for “L. G.”. 
 
3
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) , s.3 and 2nd Sch. (with effect from the 14th October
, 1955), for “Chief Court” 
which had been subs. by A. O., 1949, Sch., for “High Court”. 
 
4
The words “the G.G. in C. or,” rep by A. O., 1937. 
 
5
The words “as the case may be” rep. 
ibid. 
 
6
Subs. by Ord. 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October,1955), for “Chief Court of Sindhh” which had b
een subs. by A. O.,1949, 
Sch., for
 
“High Court of Judicature at Bombay”. 
 
7
The original words “said High Court” have successively been amended by A. O., 1949, Sch., and Ord. 21 of 1960, s. 3 and 2nd S
ch. (with effect from 
the 14th October
, 
1955), to read as above. 
 
8
Subs. by A. O., 1961, Art. 2 and Sch., for “Her Majesty in Council” (with effect from the 23rd March, 1956). 
 
 
Page 
7
 
of 
7
 
 
 
If the 
1
[High Court] considers that any such statement is imperfectly framed, the 
1
[High Court] 
may return it for amendment. 
 
The costs (if any) 
consequent on any such reference shall be dealt with as the 
1
[High Court] in 
each case directs. 
 
13. Power of Civil Judge to refer questions
 
of jurisdiction to High Court.
___
 
If in any suit 
instituted, or in any appeal presented, in a Civil Court, the Judge doubts whether he is precluded by 
this Act from taking cognizance of the suit or appeal, he may refer the matter to the 
1
[High Court]. 
 
The 
1
[High Court] may order the Judge
 
making the reference either to proceed with the case or 
to return the plaint. 
 
The order of the 
1
[High Court] on any such reference shall be subject to appeal to 
2
[the Supreme 
Court], and, save as aforesaid, shall be final. 
 
14. Composition of Bench.
___
 
E
very reference under section 12 or section 13 shall be heard by 
a Bench consisting of such number of Judges, not less than three, as the Chief Justice from time to 
time directs. 
 
15. 
[
Amendment of section 
32 
of Act XIV of 
1869.] 
Rep. by the Repealing Act, 
1938 (1 
of 
1938), 
s
. 
2 
and Sch. 
 
3
[
16. Privileges of Gove
rnment in suits defended by it.
___
 
Whenever any suit is brought in 
any Court of a Subordinate Judge of the first class 
4
[against the Government]or against any Revenue
-
officer, 
5
[and the Government undertakes] the defence thereof, it shall be lawful 
6
[for the Provincial 
Government], by certificate signed by a Secretary thereto, to require that the trial of any such suit shall 
have precedence over the trial of any other suit or oth
er civil proceeding then pending in the Court of 
the first class Subordinate Judge, or, if the suit is transferred, in the Court of the District Judge; and 
the Court shall give effect to every such requirement. 
 
The privilege conferred 
7
[on the Provincial 
Government] by this section shall, 
mutatis 
mutandis, 
apply to any appeal or special appeal against any decree in any such suit as is described in 
this section.] 
 
17. 
[
Revival of section 
13 
of Bom. Reg. XVIl of 1827. Operation of Bom. Reg. XVII of 
1827 
in 
s
ites of villages and towns
. Recovery of certain advances made by Local Government.
] 
Rep. by the 
Bombay Revenue Jurisdiction Act, 
1880 
(XV of 
1880)
6
. 
 
SCHEDULE.
–
[
Enactments repealed.
] 
Rep, by the Amending Act, 
1891 
(XII of 
1891). 
 
THE SECOND SCHEDULE ......
.. Omitted by A. O., 
1949, 
Schedule. 
 
Date: 16
-
09
-
2024
 
1
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) , s.3 and 2nd Sch. (
with effect from the 14th October, 1955
), for “Chief Court” 
which had been subs. by A. O., 1949, Sch., for “High Court”. 
 
2
Subs. by A. O., 1961, Art. 2 and Sch., for “Her Majesty in Council” (with effect from the 23rd March, 1956). 
 
3
Subs. by the Bombay Revenue Jurisdiction (Amendment) Act, 192
9 (Bom. 21 of 1929), s. 2, for the original s. 16. 
 
4
The original words “against Government” were first subs. by A.O., 1937 and then amended by A.O., 1949, Sch., and A. O., 1961,
 
Art. 2 (
with effect 
from the 23rd March, 1956
), to read as above. 
 
5
The origi
nal words “against Govt. undertakes” were first subs . by A. O., 1937 and then amended by A .O., 1949, Sch., and A. O.,1961, 
Art.2 (
with effect 
from the 23rd March, 1956
), to read as above. 
 
6
Subs, by A.O., 1937, for “for the Govt.”. 
 
7
Subs. 
ibid., 
for “on
 
Govt.”. 
 
6The repeal of the first clause of s. 17 does not operate in any Scheduled District unless and until the Bombay Land Revenue 
Code, 1879 (Bom. 5 of 
1879), has been extended to that district; 
see 
Act 15 of 1880, s. 2.