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HAKUNAMATATA1590820
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In suits for pre-emption of land or suits challenging alienations under custom the value for purposes of jurisdiction may be such less than the amount for which the alienation has taken place. In such cases where the Court has to order the payment of a higher amount than its pecuniary jurisdiction it should report the case to the District Judge for its transfer to a Court of competent jurisdiction. The Senior Sub-Judge should also keep the scale and mortgage amount in view at the time of distribution of such cases to various Courts.
For the jurisdiction of Civil Courts in respect of persons amenable to Military Law. Matter raised in defence which is solely trouble by Revenue Court. If in a suit which, as framed, is within jurisdiction of a Civil Court, a defendant raises a plea with respect to a matter which can be taken cognizance of only by a Revenue Court the procedure laid down in the proviso to sub-section (3) of Section 77 of the Maharashtra Tenancy Act must be followed and the plaint returned for presentation to the Collector.