Section 163(5) in The United Provinces Tenancy Act, 1939
(5)If the tenant appears and contests the claim for arrears or pleads that he is not an ex-proprietary, an occupancy, or a hereditary tenant, the application for the issue of notice shall, on payment of the court-fee as in a suit for arrears of rent, be deemed to be a suit for arrears of rent and the tahsildar shall pass an order directing the tenant to pay the Court deciding such suit the instalments of rent specified in the notice as they fall due :Provided that all cases in which the tenant pleads that he is not an ex-proprietary, and occupancy or a hereditary tenant, or which the tahsildar is not competent to try shall be forwarded to the Assistant Collector in-charge of the sub-division.
