Revenue records -- Revenue records are public documents maintained by government officials in the regular course of duties and carry a presumption of correctness u/s 35 of Evidence Act - Revenue entries do not by themselves confer title, they are admissible as evidence of possession and can support a claim of ownership when corroborated by other evidence. (Evidence Act,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - First Appellate Court erroneously placed the burden of proving ownership on plaintiffs, despite the defendants admission of their title by pleading adverse possession - Court disregarded the jamabandi entries and other revenue records without valid justification - Court's conclusion that..........
Specific Relief Act, 1963, Section 34, Specific Relief Act, 1963, Section 34 -- Suit for declaration, recovery of possession and rectification of revenue entries - Plea that in view of re-arrangement between the parties as agreed, the suit land was mutated in the name of defendant and that plaintiff is estopped by agreement dated 24.01.1993 and thus suit is not..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration and possession - Suit on the basis of copy of "Adangal extract" - Entries in the revenue record do not confer title to property nor do they have any presumptive value on title - Plaintiffs are unable to support rights claimed by them by any title deed - In absence of any document of..........
Possession -- Revenue entries in favour of father who died around 30 years back - Revenue entries in favour of dead person are stray entries and plaintiff cannot be permitted to take any help of those stray revenue entries...........
Possession -- Revenue entries - Possession of suit land as Gair Marusi i.e. tenant at will - However, rate of rent and date of inception of tenancy not disclosed - No evidence produced to show of paying any rent - Entry of Gair Marusi in revenue record in favour of father does not in any manner clothes plaintiff with any legal right to be in possession...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Defendant claiming her right on property on basis of oral sale acknowledged through written documents and receipts signed by father of plaintiff in her favour and thereafter putting her in possession of suit property - Claim of defendant is also substantiated from revenue entries wherein her name is recorded..........
Revenue entries -- Once red ink entries regarding corrections in Khasra showing possession of plaintiff are suspicious, based on fraud and forgery, recordings in the name of plaintiff are irrelevant...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration of ownership - Computation of period of limitation - When admittedly plaintiff was owner, it was incumbent upon defendant to prove a better title or raise plea of adverse possession - Once these pleas are not raised, mere fact that revenue entries are in favour of defendant is of no avail and could not..........
Revenue entries -- Respondents claimed to be in possession of suit property as tenants - Land Tribunal as well as Assistant Commissioner after due enquiry have rejected their claims on two separate occasions - Claim to be in possession by way of construction of house and not as agriculturists cannot be accepted after failing in all attempts to claim possession as tenant...........
