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Question of tenancy right in civil courts

195. Procedure when plea of tenancy raised in civil court.-

(1) If in any suit relating to agricultural land instituted in a civil court, any question regarding tenancy right arises and such question has not been previously 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 sub-divisional officer for 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 sub-divisional officer, after refraining the issue, if necessary, shall decide such issue and return the record together with his 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 such issue shall, for the purposes of appeal, be deemed to be part of the finding of the civil court.

Ajmer Tenancy and Land Records Act, 1950 Back

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