Record of rights

Introduction and objective of record of rights

To run the government machinery, properly and smoothly. The state government is always in need
of money which the state derives from di erent sources. One of the sources is the share of
produce in the land. People are bound to give certain share to the government in respect of their
land which is termed as land revenue and the power of its recovery is vested in the government .
With this object in view, it is necessary to determine the persons who order landowners in any
state for the purpose of paying land revenue to the government. Das the need also arises to
maintain an accurate record of rights in respect of land. The land revenue has been the best
source of income for any ruler in India. In order to recover the land revenue and to x the liability
of an individual. It is necessary to keep regular records of rights up-to-date in the absence of any
record of rights, it is impossible to x the exact liability for such person for the payment of land
revenue.
What are record of rights?
General rule :
As per section 31(1) there shall be a record of rights for every estate.
Estate has been de ned in section 3(1) It means any area for which -
(a) a separate record of rights has been made
(b) which has been assessed to land revenue or would have been assessed to land revenue. If the
land revenue had not been released, compounded or redeemed
(C) which is the state government declared to be a state either by general order or by special
order
For all these above mentioned lands, a record of right is a must as per section 31
Contents of record of right
Record of right shall contain the following:
1. a statement showing who are the land, owners, tenants or assignees of land, revenue, or who
are entitled to receive any rent pro t or produce of the estate or to occupy the land
2. Statement of the nature and extent of the interest of the above mentioned persons and their
conditions and liabilities
3. The rent, land, revenue and other payments that is due to the government
For example if A is a tenant in the land, then the record of rights shall specify that he is the tenant
and shall also specify his nature and extent of interest in the land and under what conditions he is
holding the land and if he has not paid any land revenue to the government, then that also will be
speci ed.
4. if there is some customs relating to the estate then they will also be speci ed
5. A map of the estate
6. Record of rights and shall also contain such other documents prescribed by the nancial
Commissioner with the previous permission of the state government.
Annual record
Meaning : the addition of record of rights prepared under section 33(1) is called annual record
Contents of annual record :
1. statement, showing who are the landowners tenant, assignees et cetera
2. Statement showing their nature and interest and condition liabilities
3. Rent land, revenue or other payments that is due to the government
4. Such other documents prescribed by nancial commissioner with the permission of state
government
Who shall prepare the annual record?
As per section 33(1) , the collector shall cause to be prepared by the Patwari of each estate and
edition of record of rights which is called annual record. It shall be prepared either yearly or at
such intervals as the nancial commissioner prescribes.
As per section 33(3) for the purpose of preparation of annual record, the collector shall cause to
be kept by the Patwari of each estate a register of mutations, and such other registers as the
nancial Commissioner may prescribe.
Procedure for making record of rights
The procedure is contained in section 34,35, 36,37 and 38
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Section 34
1. if any person acquires any right in the estate as a landowner tenant assignee of land by way of
inheritance, purchase mortgage, or otherwise he shall report to the Patwari of the estate about
such acquisition of right. For example, A purchases a property from B then he acquires the
right as a land owner by way of purchase, and he shall report to the Patwari about the same .
In the case of CHOTE KHAN VS LAL KHAN 1954 , the court held that record of rights clearly
give the picture as to who are the land owners tenants, assignees of land, revenue and owners
of particular holding and its area and what is the amount of rent payable and what is the
amount of land revenue assessed.
2. If the person acquiring that right is a minor or a disabled person, his guardian shall make the
report to the Patwari .
3. When a report has been made under the above mentioned sections, then the Patwari shall
enter the report into the register of mutations and if no such report is made but he has reason
to believe that set a report should have been made to him in that case also he can make the
entry
4. The revenue o cer shall from time to time enquire into the correctness of the entries made in
the register
Penalty for neglect to report such a acquisition : section 39
If a person fails to report to the Patwari of the acquisition of any right referred above within three
months from the date of acquisition, he shall be liable to a ne ve times the amount of mutation
fee at the discretion of the collector.
Section 35
When a right in the land has been acquired otherwise than by way of purchase, inheritance,
mortgage etc. Then two cases may arise that are
1. if the right is undisputed, then the Patwari will record such a right in the manner
Prescribed by the nancial Commissioner
2. If the right is disputed, then the Patwari will enter it into register of mutations and it will be
dealt by the revenue o cers.
Section 36: determination of disputes
1. if during the making of revision, preparation of records or any enquiry under this chapter, it
dispute arises as to the entry made in the register, then a revenue o cer may make a enquiry
as he thinks t either on its own motion or by the application of the parties.
2. If during such enquiry, the revenue o cer is not satis ed as to which person the possession
belongs He will make a summary enquiry and decide who is the person best in title to the
property and direct that person. The position of the property and an entry shall be made in the
register.
3. The decision made under the previous subsection is not nal and only preliminary and is a
subject to any degree of the court that may arise in future.
Section 37: restrictions on the variation of entries in record
The following conditions have to be followed while making entries in the record or annual record
except where record of rights is prepared under section 35 relating to undisputed rights. These
conditions are the following
1. the entries will be made in accordance with the fact proved and admitted to have been
occurred
2. Entries will be made if they are agreed by the parties or supported by a decree
3. Entries will be made only after making new Maps
Section 38: mutation fees
The mutation fees shall be xed by the state government for any entry in the record under this
chapter.
Section 40
Any person whose rights, interests and liabilities are to be entered into the register shall be bound
to furnish all necessary information to the revenue o cer or village o cer who are concerned with
the preparation of records
Section 47
The commissioner may also direct that a record of rights may be made for a group of
neighbouring state instead of separately for each estate.
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 Revision of record of rights
Section 32
As per this section, when the commissioner considers that any code of right does not exist or the
existing record of rights for an estate requires revision, the commissioner may by noti cation
direct that the revision or making of record of rights shall be made.
If a record of right order revision has been made under this section, such act will not a ect any
presumption in favour of the state government that has already arisen. That means if a state
government has a right in respect of any property set, a revision shall not a ect it .
Cases
Guru Amarjit Singh versus Ratan Chand and others 1994
The court held that entries in Jama Bandi are not proof of title in respect of immovable property.
Jatti Ram versus Hukam Singh and others. 1994.
The court observed that the entries made by the Patwari in o cial record or only purpose of
record and do not by itself, prove the correctness of the same and no statutory presumption can
be drawn
Evidentiary value of record of rights
The register containing record of rights has been declared relevant and admissible in trial under
section 35 of the Indian evidence act, 1872. This section declares the relevance of entry in a
public record or an electronic record made in the performance of the duty. it says that any entry in
any public or o cial book register or record or electronic record stating a fact or a fact in issue or
a relevant fact and made by the public servant in discharge of the o cial duties or by other
person in performance of a special duty, enjoyed by the law of the country is itself a relevant fact.
Presumption
Section 44
And entry made in record of rights or in annual record according to the provision of this chapter
shall be presumed to be true until the contrary is proved the same has been held in many cases in
the cases of the following:
Chhoti khan vs Maal Singh 1954
The Supreme Court held that the entries in the record of rights are presumed to be true, unless
the contrary is proved.
Hem Singh vs mehnga Singh 1950
The court held that presumption of truth attaches to the latest Jama Bandi, unless it is shown that
the change was not a ected according to the law the party challenging the entries have to lead
the evidence that the change was e ected without su cient cause and legal order
Remedies against the entry made
Section 45
According to this section, if any person is aggrieved by an entry in the record of rights or an
animal record, he can institute a suit for declaration of rights under the speci c relief act.
Miscellaneous provisions
Section 41
All mines of metal and coal and all the Earth, oil and gold washing shall be deemed to be the
property of the government and the government shall have all the powers for their enjoyment.
Section 46
The nancial commissioner may make rules regarding
1. language of the record and register
2. The form of the record and the register and the manner of signing a testing et cetera
3. For the survey of land for preparation of such records
4. For the conduct of enquiry of the revenue o cers
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5. The general guidance to the revenue o cers and village o cers

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