(1) Except as otherwise provided in sections 38 and 193, if in any proceeding, other than a proceeding under section 137, a question of proprietary right is raised and such question has net previously been determined by a 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 to oust the jurisdiction of the 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 land is khudkasht or niji jot.
(2) The civil court, after refraining the issue, if necessary, shall decide such issue 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 case, accepting such finding and shall, notwithstanding anything in this Act, submit the record to the district judge for confirmation of the order or the decree passed by it.