Law: Civil Procedure Code (V of 1908)

Section: 9

Law: Punjab Land Revenue Act, 1887

Section: 158 (2)(xiv)

(a) Civil Procedure Code (V of 1908) S. 9 and Punjab Land Revenue Act (XVII of 1887), S. 158 (2)(xiv) Jurisdiction of civil Courts-Sharp distinction between jurisdiction and exercise of jurisdiction-Civil Court can check errors, of usurpation of power, made by Revenue Court or Officers but not errors of their judgments-Revenue authority deciding matter in contravention of provisions of Act or in excess of its jurisdiction-Allegation fn plaint that penalty has been illegally imposed and same could not be re covered As arrears of land revenue-Civil Court, held, had jurisdiction to entertain the declaratory suit. It is well settled law that jurisdiction of the Court is not ousted in any manner unless there is express enactment to that effect by the Legislature or the result follows as a necessary intendment of the law. An order passed by a tribunal would only be sacrosanct if it is passed with jurisdiction. In that case only the correctness of the order cannot be impeached in the civil Courts. There is no doubt that clause (xiv) of subsection (2) of section 158 of the Punjab Land Revenue Act bars the jurisdiction of the civil Court with respect to any claim connected with or arising out of the calculation by 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, however, if the person concerned sets up a case that the sum in question is neither land revenue nor a sum recoverable as an arrear of land revenue, then the suit will be within the competence of the ordinary civil Courts. In that case the Revenue Officers or Courts would have no jurisdic tion and ordinary civil Courts can declare accordingly. The decision of the civil Court would not amount to an encroachment on the special rights of the Revenue Officers or Courts. Ch. Barkat AK v. West Punjab Province P L D 1952 Lah. 200 ; Province of West Pakistan v. Haji Muhammad Jumma and another P L D 1960 Kar. 908 ; Lachhman Singh v. Natha Singh and others A I R 1940 Lah. 401 Shivdin v. Ramratan 170 I C 905 1 Kanhaiya Lal v. Govind Tukaram A I R 1938 Nag. 203 ; Motiram v. S. S. Bhuramalsao 169 I C 268 and Ram Lal v. Sheo…