Section 286 in The United Provinces Tenancy Act, 1939
286. Procedure when plea of proprietary right raised
. - (1) If, in any suit or proceeding in a revenue Court a question of proprietary right in respect of the land which forms the subject-matter of the suit or proceeding is raised, arid such question has not previously been determined by a Court of competent jurisdiction, the revenue Court shall frame an issue on the question of proprietary right and submit the record to the competent civil Court for the decision of that issue only :Explanation I. - A plea of proprietary right which is dearly untenable and intended solely to oust the jurisdiction of the revenue Courts shall not be deemed to raise a question of proprietary right the meaning of this section.Explanation II. - A question of proprietary right does not include the question whether land is sir or khudkasht.(2)The civil Court, after re-framing the issue, if necessary, shall decide such issue only and return the record together with its finding thereon to the revenue Court which submitted it.(3)The revenue Court shall then proceed to decide the suit, accepting the finding of the civil Court on the issue referred to it.(4)An appeal from a decree of a revenue Court passed in a suit in which an issue involving a question of proprietary right has been decided by a civil Court under sub-section (2), shall lie to the civil Court which, having regard to the valuation of the suit, has jurisdiction to hear appeals from the Court to which the issue of proprietary title has been referred.
