Section 77

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Revenue courts and suit cognizable by them.— (1) When a Revenue Officer is exercising jurisdiction with respect to any such suit as is described in sub-section (3), or with respect to an appeal or other proceeding arising out of any such suit, he shall be called a Revenue Court. (2) There shall be the same classes of Revenue Courts as of Rev- enue officers under this Act, and, in the absence of any order of the (Subs. for the words "Provincial' by the Adaptation of Laws Order, 1950), [State] GOvernment to the contrary, a Revenue Officer of any class having juris- diction within any local limits under this Act shall be a Revenue Court of the same class having jurisdiction within the same local limits. Procedure where Revenue matter is raised in a Civil Courts.— (3) The following units shall be instituted in, and heard and determined by, Revenue Courts, and no other Court shall take cognizance of any dispute or matter with respect to which any such suit might be instituted: [Provided that— (Added--by Pu.niab Act 3 of 1912. Section 2) (1) where in a suit cognlizable by and instituted in a Civil Court it be- comes necessary to decide any matter which can under this sub-section be heard and determined only by a Revenue Court the civil Court shall endorse upon the plaint the nature of the matter for decision and the par- ticulars required by Order VII Rule 10, Civil Procedure Code (V Of 1908), and return the plaint for presentation to the Collector; (2) on the plaint being presented t‘; the Collector, the Collector shall proceed to hear and determine the suit where the value thereof ex- ceeds Rs. 1,000 or the matter involved is of the nature mentioned in Section 77(3), First Group, of the 'Punjab Tenancy Act, 1887 (XVI of 1887), and in other cases may send the suit to an Assistant Collector of the first grade for decision.] FIRST GROUP (a) suits between landlord and tenant for enhancement or reduc- tion of rent under Section 24; Section:- 77 (b) suits between landlord and tenant for addition to or abatement of rent under Section 28 or for commutation or rent; (c) suits under Section 34 for the determination of rent or other sum on the expiration of the term of an assessment of land rev- enue [and suits relating to the rent to be paid under a mortgage made in accordance with form (c) as prescribed by Section 6 of the (Added by Punjab Alienation of Land Act. 13 of 1900. S. 22) Punjab Alienation of Land Act, 1900- (XVI of 1900)]; !(Repealed. by the Adaptation of Laws (Third Amendment) Order. 1951). SECOND GROUP (d) suit by a tenant to establish a claim to a right of occupancy, or by a landlord to prove that a tenant has not such a right; (e) suits by a landlord to eject a tenant; (f) suits by a tenant under Section 45 to contest liability to eject- ment when notice of ejectment has been served; (g) suits by a tenant under Section 50 for recovery of possession or occupancy, or for compensation or for both; (h) suits by a landlord to set aside a transfer made of a right of occupancy, or to dispossess a person to whom such a transfer has been made or for both purposes; (i) any other suit 'between landlord and tenant arising out of the lease or conditions on which a tenancy is held; (j) suit for sums payable on account of village cesses or village expenses; (k) suits by a co-sharer in an estate or holding for a share of the profits thereof or for a settlement of accounts; (I) suits for the recovery of over-payments of rent or land revenue or of any other demand for which a suit lies in a Revenue Court under this sub-section; (m) suits relating to the emoluments of Kanungo, Zaildars Inamdars or village Officers; THIRD GROUP (n) suits by a landlord for arrears of rent or the money- equivalent of rent, or for sums recoverable under Section 14; [or suits for the recovery of such arrears or sums by any other person to whom a right to recover the same has been sold or otherwise transferred] (Added by the Punjab Alienation of Land Act. 13 of 1900. S. 22) 40 THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887 41 Section:- 77 (o) suit by a landowner to recover moneys claimed as due for the enjoyment of rights in or over land or ih, water, including rights of irrigation, rights over fisheries, rights of pasturage and forest-fights; (p) suits for sums payable on account of land revenue or of any other demand recoverable 'as an arrear of land revenue under any enactment for the time being in force, and by a superior landowner for other sums due to him as such. (4) Except as otherwise provided by any rule made by the Financial Commissioner in this behalf,- (a) a Collector may hear and determine any of the suits mentioned in sub-section (3); (b) an Assistant Collector of the first grade may hear and deter- mine any of the suits mentioned in the second and the third groups of that sub-section, and, if he has by name been specially empow- ered in this behalf by the [State] (Subs. for the word "Provincial" by the Adaptation of Laws Order,1950 Government, any of the suits mentioned in the first group; and (c) an Assistant Collector of the second grade may hear and deter- mine any of the suits mentioned in the third group. Case Law Section 77—Validity of sale deed—The title claimed by the plaintiff on the basis of mutation cannot be challenge in such suits plaintiff was aggrieved against the owners of the defendant on the basis of the revenue record, he could challenge before the competent civil Court the sale deed, which resulted in sanctioning of mutation qua the disputed land and incorporation of revenue entries on the basis of that sale deed—Sale deed is valid till the same is declared invalid by the competent court of jurisdiction. ; 2009 ALL INDIA LAND LAWS REPORTER FEB. PART. Section 77—Jurisdiction and scope of revenue Courts—Revenue Courts have no jurisdiction to pronounce upon the relationship of landlord and tenant under Section 77 of the Act empowers the revenue Courts to decide only certain disputes between landlord &tenant for which existence of relationship between the parties is a condition precedent—The revenue court is, entitled to pronounce upon the relationship between the parties only for the purposes of deciding disputes within its cognizance, as enumerated under Section 77 of the Tenancy Act—The decision of the revenue Court under Section 77 of the Tenancy Acton the relationship of landlord and tenant between the parties would not operate as res judicata and it would be open to challenge in a subsequent suit or in other collateral proceedings between the parties. ; 2009 ALL INDIA LAND LAWS REPORTER FEB. PART. Section:- 77 Section 77—Civil Procedure Code, 1908, Section 100—New Plea—Whether a Marusi can be treated as tresspasser and be ordered to be evicted/dispossessed in a suit for declaration/possession without resorting to the provisions of Section 77 of the Punjab Tenancy Act not raised before the Courts below, cannot be allowed to be raised first time in second appeal—Unless the finding of fact is shown to be the out come of misreading of evidence or are perverse the same are not open to interference in second appeal. ; Kishan Chand v. Satya Devi and another : 2008(1) ALL INDIA LAND LAWS REPORTER (P&H) 698 Section 77—Non payment of rent—AC I grade decreed the suit against petitioners—On appeal Collector ordered payment of rent to be made by 15.4.1996, failing which petitioner be deemed to be evicted—Commissioner held such a tenant does not deserve any sympathy—Revision dismissed by FC—Petitioners have admitted their liability—Undertook to vacate in case of failure to pay—And they have failed to pay—This writ petition is a clear attempt to by pass the process of law—In such cases no notice in form 5 is necessary.; Manohar and others v. Financial Commissioner, Haryana : 2001(2) ALL INDIA LAND LAWS REPORTER (P&H) (DB) 535 S. 77—Suit against custodian to claim occupancy right and property under Section 9 of the Punjab Occupancy Tenants Vesting of Property Rights Act; 1963 can be filed only in revenue Court; 1990(1) ALL INDIA LAND LAWS REPORTER 209. S. 77—Civil Procedure Code, 1908—Order 6, Rule 17—Prayer for amendment or written statement declined on the ground that similar prayer has not been made in the suit No. 543 of 1983—Trial Courts reasoning is untenable—Suit, not reference, is for permanent injunction and objection to jurisdiction of Civil Courts could not be taken up in that—Grant of injunction is Civil Courts domain—Amendment of written statement allowed; 1991(1) ALL INDIA LAND LAWS REPORTER 569. Section 77(k)—Punjab Land Revenue Act, 1887, Section 15— Suit for Rendition of Account— Suit decreed—Petitioner has filed present review application under Section 15 of the Punjab Land Revenue Act, 1887, whereas the present case was decided under the Punjab Tenancy Act, 1887—This case was decided under the Punjab Tenancy Act, 1887— Petitioner has filed the review application has not been filed under the relevantAct, so the review application is liable to be dismissed— Review application ought to have been filed under Punjab TenancyAct, 1887 under Section 77(k).; Raminder Singh Johal v. Meenakashi Johal & Others: 2007(3) ALL INDIA LAND LAWS REPORTER (FC) 137 Section 77(3)—Civil Procedure Code, 1908, Section 11—Principle Res judicata— Finding of Revenue Court—Decision of a Revenue Court will be res judicata in civil court provided the decision of the revenue court will in jurisdiction of Civil Court— Decision of Revenue Court is binding on the Civil Court so far as the issue raised before it is raised again in the Civil Court— Finding recorded by the Revenue Court would operate as res judicata.: Smt. Dhiro v. Sadhu Singh 2007(2) ALL INDIA LAND LAWS REPORTER (P&H) 665 42 THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887 43 Section:- 77 Section 77(3)(d)—Punjab Occupancy Tenants (Vesting of Propriety Rights) Act, 1952—Question to be examined is if civil court has a jurisdiction to declare a tenant as occupancy Tenant, even though section 77(3)(d) of the Tenancy Act, contemplates that a suit by a tenant to establish a right to occupancy falls within the exclusive jurisdiction of Revenue Court—With the advent of the 1952 Act, the occupancy rights ceased to exist, and statutory ownership created in lieu thereof, a suit for occupancy rights would be wholly meaningless—Civil court has a jurisdiction to entertain a suit of declaration of ownership.; Dharam Singh (deceased) L.Rs. and others v. Bhagwan Singh and others : 2005(3) ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) 172 . S.ection 77(3)(d)—Punjab. Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952.— Jurisdiction of Civil Court and Revenue Court—Whether after coming in force of vesting act, Civil Court would have exclusive. Jurisdiction ? (YES)—Held, After coming irito force of the Vesting Act, the Civil Court alone would have the jurisdiction to determine the dispute envisaged in Section 77(3)(d) of the Act and the jurisdiction of the revenue Court would be barred—Civil suit would lie with respect to both the categories of occupancy tenants envisaged in Section 2(f) of the Vesting Act.; Shiv Charan v. Commissioner, Haryana and others : 2005(3) ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) (FB) 326 ection 77(3)(d)—Punjab Occupancy Tenants (Vesting of Proprietary Rights)Act, 11952—Sections 2(a), 2(f)and 3—Occupancy Rights—Acquisition of—Granted by Revenue Court—Held—After coming in force of Act of 1952, revenue courts were not competent to decide the question and every tenant claiming occupancy rights automatically became owner of the land by operation of law—Impugned orders set aside.; Surinder Kumar v. V.P. Johahr, Financial Commissioner, Haryana : 2002(3) ALL INDIA LAND LAWS REPORTER (P&H) 676 Section 77(3)—Ejectment of Tenant—Notice as prescribed under Punjab Security of. Land Tenures Act in Form N not issued to tenant—Ejectment order set aside; Subhash Chand v. State of Haryana & Ors. ; VOL 71 ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) 601 Section 77(3)—Punjab Security of Land Tenures Act, 1887—Section 14A (ii) Form `N',–Non- payment of rent—Ejectment order under Pb. TenancyAct—Notice under Section 14A(10 of Pb. Security of Land Tenures Act in form 'N' served on tenant— Non-compliance of procedure—Ejectment order set aside; Ramesh Chand v. Subhash Chand ; VOL 71 ALL INDIA LAND LAWS REPORTER (FC.- Hry.) 157 S. 77(3)—Court Fees Act, 1870—Deficiency in Court fees— Deficiency in Court fee cannot and does not render the suit non- maintainable—Such deficiency could be rectified by the Court during the proCeedings under Punjab,Tenancy Act, 1887; 1995(2) ALL INDIA LAND LAWS REPORTER 27. S. 77(3)—Joint land-owner—All land-owners need not be impleaded—For ejectment for Hissedari-kashi, land-owner to whose share the land under the tenant fall can maintain a suit for ejectment of tenant; 1995(2) ALL INDIA LAND LAWS REPORTER 27. Sections:- 78 - 79 S. 77(3)—Punjab Security of Land Tenures Act, 1953—S. 14-A—It is mandatory for the Revenue Court to issue notice in Form N as prescribed under Section 14- A(ii) of the Punjab Security of Land Tenures Acieven though suit for ejectment was filed under S. 77(3) of Punjab TenancyAct--No such procedure was followed by the Revenue Courts and the Commissioner failed to deal with this point—Ejectment of the respondent ordered by the Assistant Collector Grade I suffers from the infirmity of law—Orders set aside; 1995(2) ALL INDIA LAND LAWS REPORTER 27. . S. 77(3)(d)— Title and ownership of the land held by an occupancy tenant would be acquired by the occupancy tenant on coming into force of the vesting Act—And, such interest of the Landlord shall extinguish in that land from that date—Jurisdiction would thereafter be only with the civil Court—Punjab Occupancy Tenants (Vesting of Proprietory Rights) Act, 1953, Section 3; 1993(1) ALL INDIA LAND LAWS REPORTER 226. —S. 77(3) and Section 15—Payment in part of the rent to a party-Jointly owning the land, tenant is not bound to do so—Tenancy being joint the rent cannot be paid "in parts to owner parties— Suit for recovery of rent is to be one no separate suits are maintainable; 1991(1) ALL INDIA LAND LAWS REPORTER 319. Administrative Control