In the computation of the period for an appeal from, or an application for the review of, an order under this Act, the limitation therefore shall be governed by the Indian Limitation Act, 1877, (XV of 1877). 84. Power to call for examine and revise proceedings of Revenue-officers and Revenue Courts.—

(1) The Financial Commissioner may at any time call for the record of any case pending before or disposed of by, any Revenue-officer or Revenue Courts subordinate to him. 29

(2) A Commissioner or Collector may call for the record of any case pending before or disposed of by, any Revenue-officer or Revenue Court under his control.

(3) If in any case in which a Commissioner or Collector has called for a record he is of opinion that the proceedings taken or the order or decree made should be modified or reversed he shall submit the record with his opinion on the case for the orders of the Financial Commissioner.

(4) If, after examining a record called for by himself under sub-section

(1) or submitted to him under sub-section

(3), the Financial Commissioner is of opinion that it is inexpedient to interfere with the proceedings or the order or decree, he shall pass an order accordingly.

(5) If, after examining the record the Financial Commissioner is of opinion that it is expedient to interfere with the proceedings or the order or decree on any ground on which the Chief Court in the exercise of its revisional jurisdiction may under the law fir the time being in force interfere with the proceedings or an order or decree of a Civil Court, he shall fix a day for hearing the case, and may, on that or any subsequent day to which he may adjourn the hearing on which he may appoint in this behalf, pass such order as he thinks fit in the case.

(6) Except when the Financial Commissioner fixes under sub-section

(5) a day for hearing the case, no party has any right to be heard before the Financial Commissioner when exercising his powers under this section. Procedure. 85. Procedure of Revenue-officers.—

(1) The Local Government may make rules consistent with this Act for regulating the procedure of Revenue-officers under this Act in cases in which a procedure is not prescribed by this Act.

(2) The rules may provide, among other matters, for the mode of enforcing orders of ejectment from, and delivery of possession of, immoveable property, and rules providing for those matters may confer on a Revenue-officer all or any of the powers in regard to contempts, resistance and the like which a Civil Court may exercise in the execution of a decree whereby it has adjudged ejectment from, or delivery of possession of, such property.

(3) The rules may also provide for the mode of executing orders as to costs and may adapt to proceedings under this Act all or any of the provisions of the Punjab Land-Revenue Act, 1887, (XVII of 1887) with respect to arbitration.

(4) Subject to the rules under this section, a Revenue-officer may refer any case which he is empowered to dispose of under this Act to another Revenue-officer for investigation and report, and may decide the case upon the report. 86. Persons by whom appearance, may be made before Revenue-officers as such and not as Revenue Courts.—

(1) Appearances before a Revenue-officer as such, and application to and acts to be done before him, under this Act may be made or done.

(2) For the purposes of sub-section

(1), recognized agents shall be such persons as the Local Government may by notification declare in this behalf.

(3) The fees of a legal practitioner shall not be allowed as cost in any proceeding before a Revenue- officer under this Act, unless that officer considers, for reasons to be recorded by him in writing, that the fees should be allowed. 87. Costs.—

(1) A Revenue-officer may give and apportion the costs of any proceeding under this Act in any manner he thinks fit ;

(2) But if he orders that the costs of any such proceeding shall not follow the event, he shall record his reasons for the order. 88. Procedure of Revenue-Courts.—

(1) The Local Government may, with the previous sanction of the Governor General in Council, make rules consistent with this Act for regulating the procedure of Revenue Courts in matters under this Act for which a procedure is not prescribed thereby, and may by any such rule direct that any provisions of the Code of Civil Procedure shall apply with or without modification to all or any classes of cases before those Courts.

(2) Until rules are made under sub-section

(1), and subject to those rules when made and to the provisions of this Act,—

(1) A Revenue-officer or Revenue Court may summon any person whose attendance he or it considers necessary for the purpose of any application, suit or other business before him or it as a Revenue-officer or Revenue Court.

(2) A person so summoned shall be bound to appear at the time and place mentioned in the summons in person or, if the summons so allows, by his recognized agent or a legal practitioner.

(3) The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or makes statements and to produce such documents and other things relating to any such matter as the Revenue-officer or Revenue Court may require. 90. Mode of service of summons.—

(1) A summons issued by a Revenue-officer or Revenue Court shall, if practicable, be served

(2) If service cannot be made, or if acceptance of service so made is refused, the summons may be served by posting a copy thereof at the usual or last known place of residence of the person to whom it is addressed, or, if that person does not reside in the district in which the Revenue-officer is employed or the Revenue Court is held, and the case to which the summons relates has reference to land in that district, 31 then by posting a copy of the summons on some conspicuous place in or near the estate wherein the land is situate.

(3) If the summons relates to a case in which persons having the same interest are so numerous that personal service on all of them is not reasonably practicable, it may, if the Revenue-officer or Revenue Court so directs, be served by delivery of a copy thereof to such of those persons as the officer or Court nominates in this behalf and by proclamation of the contents thereof for the information of the other persons interested.

(4) A summons may if, the Revenue-officer or Revenue Court so directs, be served on the person named therein, either in addition to, or in substitution for, any other mode of service, by forwarding the summons by post in a letter addressed to the person and registered under Part III of the Indian Post Office Act 1866 (XIV of 1866).

(5) When a summons is so forwarded in a letter and it is proved that the letter was properly addressed and duly posted and registered, the officer or Court may presume that the summons was served at the time when the letter would be delivered in the ordinary course of post. 91. Mode of service of notice, order or proclamation or copy thereof.—A notice, order or proclamation, or copy of any such document, issued by a Revenue-officer or Revenue Court for service on any person shall be Served in the manner provided in the last foregoing section for the service of a summons. 92. mode of making proclamation.—When a proclamation relating to any land is issued by a Revenue-officer or Revenue Court, it shall in addition to any other mode of publication which may be prescribed by any enactment for the time being in force, be made by beat of drum or other customary method, and by the posting of a copy thereof on a conspicuous place in or near the land to which it relates. 93. Joinder of tenants as parties to proceedings relating to rent.—

(1) Any number of tenants cultivating in the same estate may, in the discretion of the Revenue-officer or Revenue Court and subject to any rules which the Local Government may make in this behalf, be made parties to any proceeding under Chapter III ;

(2) But a decree or order shall not be made in any such proceeding unless the Revenue-officer or Revenue Courts is satisfied that all the parties thereto have had an opportunity of appearing and being heard.

(3) A decree or order made in any such proceeding shall specify the extent to which each of the tenants is affected thereby. 94. Exception of suits under this Act from operation of certain enactments.—Nothing in section 424 of the Code of Civil Procedure (XIV OF 1882) or in section 36 of the Punjab Municipal Act 1884, (XIII of 1884) shall be construed to apply to a suit of a class mentioned in section 77 of this Act. 95. Payment into Court of money admitted to be due to third person.—

(1) When a defendant admits that money is due from him on account of rent, but pleads that it is due not to the plaintiff but to a third person, the Court shall, except for special reasons to be recorded by it, refuse to take cognizance of the plea unless the defendant pays into Court the amount so admitted to be due. 32

(2) Where such a payment is made the Court shall forthwith cause notice of the payment to be served on the third person.

(3) Unless the third person within three months from the receipt of the notice institutes a suit against the plaintiff and therein obtains and order restraining payment of the money it shall be paid to the plaintiff on his application to the Court therefor.

(4) Nothing in this section shall affect the right of any person to recover from the plaintiff money paid to him under sub-section

(3).

(5) When a defendant pays money into Court under this section, the Court shall give the defendant a receipt, and the receipt so given shall operate as, an acquittance in the same manner and to the same extent as if it had been given by the plaintiff or the third person, as the case may be. 96. Execution of decrees for arrears of rent.—A Court passing a decree for an arrear of rent may, on the oral application of the decree-holder, order execution thereof against the moveable property of the tenant, and against any uncut or ungathered crops on the tenancy in respect of which the arrear is decreed. 97. Prohibition of imprisonment of tenants in execution of decrees for arrear of rent.—A tenant shall not during the continuance of his occupancy be liable to imprisonment on the application of his landlord in execution of a decree for an arrear of rent. 98. Power to refer party to Civil Court.—

(1) If, in any proceeding pending before a Revenue Court exercising original, appellate or revisional jurisdiction, it appears to the Court that any question in issue is more proper for decision by a Civil Court, the Revenue Court may, with the previous sanction of the Court, if any, to the control of which it is immediately subject, require, by order in writing, any party to the proceeding to institute, within such time as it may fix in this behalf, a suit in the Civil Court for the purpose of obtaining a decision on the question, and, if he fails to comply with the requisition, may decide the question as it thinks fit.

(2) If the party institutes the suit in compliance with the requisition, the Revenue Court shall dispose of the proceeding pending before it in accordance with the final decision of the Civil Court of first instance or appeal, as the case may be. 99. Power to refer to Chief Court questions as to jurisdiction.—

(1) If the presiding officer of a Civil or Revenue Court in which a suit has been instituted doubts whether he is precluded from taking cognizance of the suit, he may refer the matter through the Divisional Judge or Commissioner, or, if he is a Divisional Judge or Commissioner, directly to the Chief Court.

(2) On any such reference being made the Chief Court may order the presiding officer either to proceed with the suit or to return the plaint for presentation in such other Court as it may in its order declare to be competent to take cognizance of the suit.

(3) The order of the Chief Court on any such reference shall be conclusive as against persons who are not parties to the suit as well as against persons who are parties thereto. 100. Power of Chief Court to validate proceedings held under mistake as to jurisdiction.—

(1) In either of the following cases, namely : — 33

(2) If on perusal of the record it appears to the Chief Court that the suit was so determined in god faith, and that the parties have not been prejudiced by the mistake as to jurisdiction, the Chief Court may order that the decree be registered in the Court which had jurisdiction.

(3) If it appears to the Chief Court, otherwise than on submission of a record under subsection

(1), that a Civil Court under its control has determined a suit of a class mentioned in section 77 which under the provisions of that section should have been heard and determined by a Revenue Court, the Chief Court may pass any order which it might have passed if the record had been submitted to it under that sub-section.

(4) With respect to any proceeding subsequent to decree, the Chief Court may make such order for its registration in a Revenue court or Civil Court as in the circumstances appears to be just and proper.

(5) An order of the Chief Court under this section shall be conclusive as against persons who were not parties to the suit or proceeding as well as against persons who were parties thereto, and the decree or proceeding to which the order relates shall have effect as if it had been made or had by the Court in which the order has required it to be registered.

(6) The provisions of this section shall apply to any suit instituted on or after the first day of November, 1884 and to proceedings arising out or any such suit. Miscellaneous. 101. Place of sitting.—

(1) An Assistant Collector may exercise his powers under this Act at any place within the limits of the district in which he is employed.

(2) Any other Revenue-officer or Revenue court may only exercise his or its powers under this Act within the local limits of his or its jurisdiction. 102. Holidays.—

(1) The Financial Commissioner, with the approval of the Local Government, shall publish in the local Official Gazette before the commencement of each calendar year a list of days to be observed in that year as holidays by all or any Revenue-officers and Revenue Courts.

(2) A Proceeding had before a Revenue-officer or Revenue court on a day specified in the list as a day to be observed by the officer or Court as a holiday shall not be invalid by reason only of its having been had on that day. 103. Discharge of duties of Collector dying or being disabled.—When a Collector dies or is disabled from performing his duties, the officer who succeeds temporarily to the chief executive administration of the district under any orders which may be generally or specially issued by the Local Government in this behalf shall be deemed to be a Collector under this Act. 104. Retention of powers by Revenue-officer on transfer.—When a Revenue-officer of any class who, either as such or as a Revenue Court, has under the foregoing provisions of this Act any powers to 34 be exercised in any local area is transferred from that local area to another as a Revenue-officer or Revenue Court of the same or a higher, class, he shall continue to exercise those powers in that other local area, unless the Local Government otherwise directs or has otherwise directed. 105. Conferment of power of Revenue-officer or Revenue Court.—

(1) The Local Government may by notification confer on any person.—

(2) A person on whom powers are conferred under sub-section

(1) shall exercise those powers within such local limits and in such classes of cases as the Local Government may direct, and, except as otherwise directed by the Local Government, shall for all purposes connected with the exercise thereof be deemed a Financial Commissioner, Commissioner, Collector or Assistant Collector, as the case may be.

(3) Before conferring powers on the Judge of a Civil Court under sub-section

(1), the Local Government shall consult the Chief Court.

(4) If any of the powers of a Collector under section 78, section 79, section 80 or section 82 are conferred on an Assistant Collector, they shall, unless the Local Government by special order otherwise directs, be exercised by him subject to the control of the Collector. 106. Power for Financial Commissioner to make rules.—

(1) The Financial Commissioner may, in addition to the other rules which may be made by him under this Act, make rules consistent with this Act and any other enactment for the time being in force—

(2) Until rules are made under clause

(1), rent shall be payable by the instalments and at the times by and at which it is now payable.

(3) Rules made by the Financial Commissioner under this or any other section of this Act shall not take effect until they have been sanctioned by the Local Government. 107. Rules to be made after previous publication.—The power to make any rules under this Act is subject to the control of the Governor General in council, and to the condition of the rules being made after precious publication. 108. Powers exercisable by Financial Commissioner from time to time.—all powers conferred by this Act on the Financial Commissioner may be exercised from time to time as occasion requires. CHAPTER VIII. EFFECT OF THIS ACT ON RECORD-OF-RIGHTS AND AGREEMENTS. 109. Nullity of certain entries in records-of-rights.—An entry in any record-of-rights providing.—

(1) Nothing in any agreement made between a landlord and a tenant after the passing of this Act shall.—

(2) Nothing in clause

(1) shall apply to an agreement by which a tenant binds himself to pay an enhanced rent in consideration of an improvement which has been, or is to be, made in 36 respect of his tenancy by, or at expense of, his landlord, and to the benefit of which the tenant is not otherwise entitled. 111. Saving of other agreements when in writing.—Save as expressly provided in this Act, nothing in this Act shall affect the operation of any agreement between a landlord and a tenant, when the agreement either is in writing or has been recorded in a record-of-rights before the passing of the Punjab Land-Revenue Act, 1887, (XVII of 1887) or been entered by order of a Revenue-officer in a record-of- rights or annual record under the provisions of that Act. 112. Effect of certain entries made in records-of-rights before November 1871.—An entry made with respect to any of the following matters before the eighteenth day of November, 1871 and attested by the proper officer, in the record of a regular settlement sanctioned by the local Government, namely :

(1),

(2),

(4),

(5),

(6) and

(7); the whole of Chapter V; the last seventeen words of sub-section

(1) of section 67; section 70 so far as regards Revenue Courts; and section 75. ___________ 38