Section 239 in Ajmer Abolition of Intermediaries And Land Reforms Act, 1955
239. 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 land forming the subject matter of such suit or proceeding is raised and such question has not previously been determined by a civil 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 clearly untenable and intended solely to oust the jurisdiction of revenue court shall not be deemed to raise a question of Proprietary right within the meaning of this section.Explanation II. A question of proprietary right does not include the question whether such land is 'Khudhasht'.(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 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 court which having regard to the valuation of the suit, has jurisdiction to hear appeals from the court to which the issue of proprietary right had been referred.(5)A second appeal from a decree or order passed by a civil court in appeal under sub-section (4) shall lie to the High Court on any of the grounds mentioned in section 100 of the Code of Civil Procedure, 1908 (Central Act V of 1908).
