19th Century Legal Documents

THE SIND REVENUE JURISDICTION ACT, 1876   The Sindh Revenue Jurisdiction Act, 1876, is a historical piece of legislation that pertains to the jurisdictional aspects of revenue administration in the province of Sindh, Pakistan. This act, enacted during the British colonial period, established the legal framework for revenue jurisdiction and administration within the region. [28th March, 1876] An Act to limit the jurisdiction of the Civil Courts [in Sind and the Karachi Division] in matters relating to the Land-revenue, and for other purposes.   whereas in certain parts of [Sind 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 pother parts thereof]; and whereas it is expedient that the jurisdiction of all the Civil Courts in the said territories] should be limited in manner hereinafter appearing ; and whereas it is also expedient to amend the Sind Civil Courts Act], section 32, and to revive certain provisions of the thirteenth section of Regulation XVII of J827 of the Bombay Code, which was repealed by the Land Improvement Act, 1871   It is hereby enacted as follows:—   Short title and extent. (1) This Act may be called the Sind Revenue Jurisdiction Act, 1876. (2)       It extends to i   Sind and the [Karachi Division], but not so as to affect any of the provisions of Act XXIII of 1871.]   [Repeal of enactments.] Rep. by the Amending Act, 1891 {XII of 1891).   Interpretation clause. In this Act, unless there be something repugnant in the I” subject or context,— “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 arisa out of land, and things attached to the earth or permanently fastened to things attached to the earth: “land-revenue” means all sums and payments, in money or in kind, received or claimable by or on behalf of the Government] from any person on account of any land held by or vested in him, and any cess or rate authorized 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.   Bar of certain suits. Subject to the exceptions hereinafter appearing, no Civil B Court shall exercise jurisdiction as to any of the following matters: (a)       [claims against the [Government]] relating to lands held under treaty, or to lands granted or held as saranjam, or on other political tenure, or to lands declared -by the Provincial Government] or any officer duly au­thorized in that behalf to be held for service ; (b)       objections— to the amount or incidence of any assessment of land-revenue authorized 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 survey or 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 [by the Provincial Government] or any officer duly authorized 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 or rate authorized [by the Provincial 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] ; (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 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 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 [Pro­vincial Government] under Bombay Act No. II of 1863, section 1, clause first, or 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 adjudication duly passed by a competent officer under Bombay Regula­tion XVII of 1827, Chapter X, or under 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 (k) (1)       It is enacted that, in the event of the proprietary right in lands, the pro­perty