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Section 288

Procedure When Plea of Tenancy Raised in Civil Court.

The Uttar Pradesh Tenancy Act 1939
(1) if in any suit relating to agricultural land instituted in a civil court, any question regarding tenant right arises and such question has not previously been determined by a court of competent jurisdiction, the civil court shall frame an issue on the plea of tenancy and submit the record to the appropriate revenue court for the decision of that issue only.

Explanation - A plea of tenancy which is clearly untenable and intended only to oust the jurisdiction of the civil court shall not be deemed to raise a plea of tenancy.

(2) The revenue court after re-framing the issue if necessary, shall decide such issue only, and return the record together with its finding thereon to the civil court which submitted it.

(3) The civil court shall then proceed to decide the suit, accepting the finding of the revenue court on the issue referred to it.

(4) The finding of the revenue court on the issue referred to it shall, for the purposes of appeal, be deemed to be part of the finding of the civil court.




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