Revenue Records

Application for additional evidence could only be refused if it had been filed to introduce some new witnesses and to fill in the lacunas, but if list of witnesses was submitted within time in the Court and the diet money was also deposited in the Court, then presumption could not be drawn against the applicant irrespective of the fact that at what stage they filed the application for additional evidence

Suit was solely regarding the revenue record, therefore, the revenue officers/ officials were necessary witnesses to enable the Court to reach at a right conclusion

High Court allowed revision petition and directed the appellate court to summon the witness, record evidence and proceed with the appeal in accordance with law.

Term "Ghair Moroosi" is of no significance by itself unless supported by some qualification-Such term is used in revenue record to denote possession of temporary nature of a person who has no title to hold the same.

[Words and phrases].

S. 39-Revenue record-Jamabandi-Entries in Jamabandi-Held, do not provide foundation of title in property but are mere items of evidence to prove title-Such entries carry a reputable presumption of correctness.

Art. 185(3)-Revenue record-Clerical mistake-Leave to appeal granted to consider question whether High Court was justified to assume jurisdiction and rectify clerical mistake particularly when area in dispute consistently recorded in Revenue papers such as alleged by petitioner.

Correction of Litigation between parties meant to affect result of pre-emption suit-Application . for correction of khasra girdawari so that petitioner could be shown as tenant in occupation at time of sale of land-Proceedings under pre-emption suit judicial in nature while correction of khasra glrdawari an administrative act, meant only to correct fiscal record-Exercise of correction of record by Revenue authorities on administrative side-Held, would amount to interference with cause of justice in circumstances of case.- [Pre-emption].

Presumption-Khasra girdawari-No presumption of correctness attaches to entries in khasra girdawari unlike those appearing in ' jamabandi.-[Presumption].

Mere entry in Revenue Record, however, old-Does not by itself establish that person entered as owner is owner by adverse possession Entries in revenue record-Do not by themselves amount to open or overt acts of actual and exclusive possession against true owner.

Mutation proceedings-Mutation and subsequent entries in records of rights-Do not create title in favour of any person-Validly or otherwise of a transaction-Depends not on mutation entries but on whether valid transaction existed and given effect to in evacuee property-Independent proof of existence of any family arrangement lacking, reliance on letter requesting mutation and mutation entries, held, no substitute for such proof.-[Mutation].

Wajibul Arz: part of revenue record with special reference to each village-Presumption of correctness attaches to Wajibul Arz.

Mutation, not a document of title-Neither creates nor extinguishes title-Similarly, record of rights not evidence of title save rebuttable strong presumption created by it.

Revenue record-Mutation and entries in record-of-rights such documents, held, not deeds of title.

S. 35-Revenue records-Not evidence of title-Entries in Khasra Girdawari nevertheless not inadmissible in evidence-Weight to be attached to such entries

Depends on circumstances of each case.

Revenue Records -Entries may be rebutted-Ghair-mumkin area comprising part of village Shamilat-Whether can be in cultivating possession of co-sharer - Punjab Land Revenue Act (XVII of 1887), S. 44.

Revenue Records -Khasra girdawari-Presumed to relate to state of afairs at time girdawari was prepared and not to time of sowing of crop.

Revenue Records Revenue record-Settlement of 1868-No one can cut trees on graveyard for personal use.