Section 5 of BRJA : Section 5: Saving Of Certain Suits

Explanation using Example

Imagine a farmer, Mr. Sharma, who has been paying land-revenue to the government for his farmland. However, this year he receives a notice demanding a significantly higher amount than usual. Mr. Sharma believes that the increased amount is not justified and exceeds what is authorized by the State Government. He also recalls that part of the amount was previously paid and should not be charged again. Despite his protests, the government insists on the payment.

In this situation, Mr. Sharma can file a suit against the Government under Section 5(a) of The Bombay Revenue Jurisdiction Act, 1876, in a Civil Court. He would challenge the excess land-revenue claimed, arguing that it is more than what the State Government authorizes and that he has already satisfied part of the claim. The Civil Court would have the jurisdiction to hear his case despite the restrictions of Section 4, as Section 5 specifically allows such suits.