Bare ActsKerala Revenue Recovery Act, 1968

Section 72

General bar to jurisdiction of Civil Courts [x x x x].--

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[(1)] Except as otherwise expressly provided in this Act, every question arising between the Collector or the authorised officer and the defaulter or his representative or any other person claiming any right through the defaulter, relating to the execution, discharge or satisfaction of a written demand issued under this Act or relating to the confirmation or setting aside by an order under this Act of a sale held in execution of such demand, shall be determined not by suit, but by order of-- (i) the [Commissioner of Land Revenue], where the Collector is a party to the question; (ii) the Collector, in other cases: [x x x x] [(2) No Civil Court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled decided or dealt with or to be determined by the Government, or the Commissioner of Land Revenue or the Collector or any officer or authority under this Act.] The words "save where fraud alleged" omitted by Act 31 of 2007, published in K. G. Ext. No. 1865 dt. 15/10/2007 (w.e.f. 12/12/2005). Renumbered by Act 31 of 2007, published in K. G. Ext. No. 1865 dt. 15/10/2007 (w.e.f. 12/12/2005). Substituted by Act 31 of 2007, published in K. G. Ext. No. 1865 dt. 15/10/2007 (w.e.f. 12/12/2005), for "Board of Revenue". Omitted by Act 31 of 2007, published in K. G. Ext. No. 1865 dt. 15/10/2007 (w.e.f. 12/12/2005). Prior to the omission it read as: " Provided that a suit may be brought in a Civil Court in respect of any such question on the ground of fraud." Inserted by Act 31 of 2007, published in K. G. Ext. No. 1865 dt. 15/10/2007 (w.e.f. 12/12/2005).

Section 72 – Kerala Revenue Recovery Act, 1968 | DailyLaw.ai