Section 240H(2) in The U.P. Zamindari Abolition and Land Reforms Act, 1950
(2)Where the objection filed under sub-section (1)-(a)is that the land is not land referred to in sub-section (1) of Section 240-A the Compensation Officer shall frame an issue to that effect and refer it for disposal to the Court which would have jurisdiction to decide a suit under Section 229-B read with Section 234-A in respect of the land and thereupon all the provisions relating to the hearing and disposal of such suits shall apply to the reference as if it were suit;(b)involves a question of title and such question has not already been determined by a competent court, the Compensation Officer shall, [except in cases in which Section 240-HH applies] [Inserted by U.P. Act No. 18 of 1956.] refer the question for determination to the [court of competent jurisdiction] [Substituted by U.P. Act No. 28 of 1961.].Explanation. - Whether a person is or is not an adhivasi shall not be deemed to raise a question of title within the meaning of this clause.
