KINDS OF REVENUE RECORDS –

THEIR EVIDENTIARY VALUE

By Paladugula Alekhya

I Additional Junior Civil Judge-cum

I Additional Judicial Magistrate of First
Class, Huzurabad.

1
 INTRODUCTION

Man’s thirst for acquisition and possession of land is well known and was prevalent since time
immemorial. As a result of it, land was largely controlled in South Asia by feudal tendencies
of the landlords. Various land reforms were introduced for the purpose of equitable distribution
of property and against decentralization of property. A train of abolitions viz., of Estates, Inams
and Jagirs led to the ryotwari system that is in place today. The first attempt at land reforms in
the country began with the abolition of intermediaries and bringing the tenants into direct
contact with the State. In Andhra Areas, the Madras Estates (Abolition and conversion into
Ryotwari) Act, 1948 is the commencement of land Reforms. This Act has abolished Estates
and brought all the tenants under Ryotwari system. In the Telangana area the Jagirs have been
abolished. After the formation of Andhra Pradesh, the Andhra Pradesh (Telangana Area)
Abolition of Inams Act, 1967 has been passed. As a result of which the tenants of the State
have been brought under the Ryotwari system.

The next step taken in the field of land reforms is protection of tenants. Several enactments
have been made to safeguard the rights of the tenants and to save them from whimsical and
arbitrary evictions. The A.P. (Andhra Area) Tenancy Act, 1956 and the A.P. (Telangana Area)
Tenancy and Agricultural land Act 1950 are the most important pieces of legislation in this
direction.

The next step taken in the field of land reforms that was taken in Andhra Pradesh was to impose
a ceiling on land holding. It was thought and rightly to, that huge land holdings in the hands of
very few people resulted in extraordinary concentration of wealth to the detriment of the
common good of the people engaged in agriculture.

Recently, Hon’ble High Court of Telangana in Vorla Ramachandra Reddy and another
v. Joint Collector I, Ranga Reddy District, Hyderabad 2021 (5) ALT 103 (DB) (TS) and
others while dealing with claim for restoration of possession by legal heirs of the protected
tenants under A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 noted the
underlying philosophy of 'land to the tiller'. It observed that the said philosophy was

2
introduced to bestow certain statutory benefits and protection to the tenants so that they
could not be unduly and arbitrarily evicted by the landlords who were found to be influential,
both economically and socially.

Survey, Settlement and Land records

The herculean task that followed these land reforms is that of survey, settlement and
maintenance of land records.

A. Survey
The object of land surveying is the determination of boundaries and the relative position of
objects on the earth’s surface for a pictorial representation of the country with its distinguishing
features.
Land Survey has two main divisions –
Topographical Survey: It aims at producing a map with all the physical features such as rivers,
tanks, streams, hills, roads etc.
Cadastal Survey: Is a Revenue survey on a large scale in which the boundaries, area and
ownership of each individual holding are determined. Cadastal Survey or Revenue Survey is
directly connected with land revenue or any other taxes. In this State, Ryotwari system for
collection of land revenue is followed. The fundamental principle of Ryotwari System is that
for a certain period, a certain assessment is due on a certain land of certain quality and is
recoverable from a certain individual whose name is registered in the land records.

B. Land Records:
This necessarily means that no system of land revenue can exist without some sort of
record of the land holders and of their holdings. Land records are also so essential to claim the
holding by the land holder and for protection of title, ownership, or possession.
The record, therefore, must contain two parts –
A. Settlement part of the Record – which contains a detailed account of the various attributes
of all parcels of land or specification – and the name of the owner.
B. Survey part of the Record – the record of measurement

3
A land record generally includes property rights such as the Register of Lands (RoL), Record
of Rights (RoR) and Mutation. Further, it also contains geological information of the land
parcel such as size, soil type of land, and information about irrigation and crops.

C. Settlement

In the ryotwari system, a ryot pays his fixed assessment in money directly to the Government
and the assessment is not liable to fluctuation from year to year. Remissions are granted in
unfavourable seasons. He can also relinquish his land if cultivation thereof is unprofitable
without being liable for assessment. The ryot cannot be evicted from his land so long as he
continues to pay the assessment and thus he enjoys all the advantages of a perpetual lease.
With regard to ryotwari lands, duration of settlement was generally restricted to 30 years.

Settlement work can be broadly divided into the following 3 classes:

1) Soil Classification – After completion of survey, soil classification work is allotted to

different surveyors, but not the surveyors who did the measurement work.
2) Office Processes work – Map Examination, Uthara, Ruzavath
3) Jamabandi work – Preparation of record of rights

D. Officers involved in Survey, Settlement and Land Records

The Director of Survey, Settlement and Land Records controls the entire Survey and Settlement
work of the State. He is assisted by Regional Deputy Directors who are placed incharge of a
zone comprising 3 or 4 districts, each district being under the charge of one Asst.Director of
Survey and Settlement.

Under Section 5 of the Andhra Pradesh Survey and Boundaries Act, 1923 the State Government
or any officer or authority empowered by the Government can order a survey of any
Government land or any boundary of such land or of the boundary forming the common limit
of Government land and land that is not Government land.

4
E. Survey and Settlement in Telangana Region

In Telangana area, to find out the average value of the land the revenue field is divided into
parts as per the area of the field and each part is classified soil wise and at the end its average
calculated, which is called as “Bhagana” and the parts which are taken as per area of the field
is called ‘Khasla’.

The assessment of land under “the ryotwari survey and settlement” is done in three phases in
continuity. The first phase is survey of land which starts from the preparation of “Wasul Baqui”
register.
“Wasul Baqui” register indicates all the landholders with the particulars of lands held by them,
the extent held by them as it exists in the village records and also the sources of irrigation, if
any, by which the land is irrigated.

The register duly authenticated by the Tahsildar is sent to the Director of Survey and
Settlement work of the State. The work is distributed to various survey parties which have
specific jurisdiction over different districts and taluks. On receipts of the Account No.16/Wasul
Baqui registers from the Tahsildar the surveyors determine the boundaries of the villages
concerned before the holders of lands situated on the border and prominent persons and village
officers of the adjoining villages. After fixing the stones as the boundary marks of the village,
the survey of lands situated within the village is done and classified into the following types:-
i. Agricultural Lands.
ii. Unoccupied and non-cultivable lands (Porombokes)
iii. Unoccupied cultivable lands (Khairz Khata).
iv. Grazing lands (Andhra area) / Gairan (Telangana area).
v. Village site (Andhra area) / Gautham (Telangana area).
vi. Rivers and streams.
vii. Tracks for carts, pedestrians roads, rail.
viii. Forest.
All the above types of lands except those mentioned at serial Nos. (v) to (viii) are serially
numbered and are called “Survey numbers” which are used for identifying the lands for all
practical purposes.

5
After receipt of survey and classification of records from the field staff, the head office will
undertake the works of Map Checking, Calculation of area of each S.No. and noting down in
Uthara Book and comparison of Pucca Book with the Tippan and the areas noted in the Tippan.

F. Survey and Settlement record:

The survey and settlement record consists of following:

i. Village Map,
ii. Field Measurement Book,
iii. Printed Diglot or A- Register.

In Settlement office, the basic record is the Survey Land Register which contains survey
numbers of old and new areas, new classification, classification as per old accounts, patta
number, name of the pattadar or enjoyer.

As the duration of settlement was restricted to 30 years, and therefore, after the period of expiry
of settlement, resurvey was conducted and resettlement was made. RSRs were prepared.

G. Revenue record :

i. Village Account No.1 – Register showing Government lands and land on lease,
assignments, alienations and area available for assignment.
ii. Village Account No.2 – Register of changes in the village (Annual Register).
iii. No.3-Register – Statement of occupation and cultivation field by field (columns 11 to
15 of this Account are meant for record of rights)
iv. Village Account No.4 – Register of holding and land revenue demand (Column Nos.8,
16 to 19, 24 to 28, 30 to 33 are not applicable in view of abolition of land revenue).

Revenue records in Andhra area prior to the integration of the revenue record of both areas :

a. Diglot or A-Register
b. Ledger/Chitta constituting settlement record,
c. No.2 Account, otherwise known as Adangal/Annual Settlement of occupation and
cultivation,

6
 d. No.3 Account which reflects changes in respect of land held by way of transfer by sale,
relinquishment etc., and the
e. Register of Holdings maintained under BSO-31 and No.10 Account which is an
individual chitta or personal ledger of each cultivator.

In Telangana area the following registers are crucial:

a) Sethwar Register -
b) Supplementary Sethwar,
c) Wasool Baqui Register
d) Khasra Pahani (prepared under the Land Census 1954 under the provisions of the A.P.
(Telangana Area) Tenancy and Agricultural Lands Act, 1950),
e) Pahani
f) Chowfasla and
g) Faisal Patti constitute the core revenue record

H. Duty of Officials in Maintenance of record:

Heavy duty is cast upon the officials involved in preparation, maintenance and updating of
these land records. The Hon’ble High Court while emphasizing on the Duty of Revenue
Officials while dealing recording of rights over land in Thummala Narasimha Reddy v.
State of Telangana and others, the Hon’ble High Court of Telangana observed as below –

“Right to property is an invaluable right - Tahsildar who is entry level authority

competent to deal with the applications for issuance of Pattadar pass books and title deeds
has to deal with such claim in a systematic manner ordained by law - Contrary to the
statutory requirements and responsibilities vested in the Tahsildars, they are mechanically
rejecting the applications for grant of title deeds or pattadar pass books holding that person is
not in possession without recording reasons as to how such decision is arrived at. Time has
come for revenue establishment to shed its archaic Nizamera approach and build public
confidence”

7
I. Digitization of land records

Digitization of land records was introduces to computerize various land records and improve
their transparency. Under the ‘Bhoomi Project’, Karnataka became the first State in India to
computerize land records followed by Andhra Pradesh and Tamilnadu. By 2007, the three
States had their village property records computerized.

The Telangana Rights in Land and Pattadhar Passbooks Act, 2020 came into force
on 19-9-2020 to consolidate the law relating to the record of rights in land in the State of
Telangana. Dharani Portal was created and maintained for the purpose of Record of rights.
Dharani Integrated Land Records is the official portal for registration of agricultural and
non-agricultural public property in the state of Telangana. Its main objective is to increase
transparency and efficiency in government, as well as to provide accountability for land
registrations, mutations, asset transfers, and to provide secure, hassle-free services to the
public.

J. Legal provisions concerning the evidentiary value of revenue records

S. 35 of Indian Evidence Act – Relevancy of entry in public record or an electronic record

made in performance of duty:- An entry in any public or other official book, register or record
or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in
the discharge of his official duty, or by any other person in performance of a duty specially
enjoined by the law of the country in which such book, register, or record or an electronic
record is kept, is itself a relevant fact.

S.114 – Court may presume existence of certain facts. —The Court may presume the
existence of any fact which it thinks likely to have happened, regard being had to the
common course of natural events, human conduct and public and private business, in their
relation to the facts of the particular case.
Illustrations:
The Court may presume—

8
(d) That a thing or state of things which has been shown to be in existence within a period
shorter than that within which such things or state of things usually cease to exist, is still in
existence [PRESUMPTION OF CONTINUITY]

Section 6 of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 create a statutory
presumption about the correctness of the entries in record of rights.

As per 1989 Rules,

a) Passbooks shall have same evidentiary value with regard to title for creation of
equitable mortgage under Transfer of property Act 1882, as a registered Document
(Rule 26 (2)) (which is same as S.9 of Act 9 of 2020)
b) Title deed shall be in Form XIV – A (Rule 26 (4)).
c) Pattadar Pass Books to be given to owner Pattadar, tenant, mortgage, and occupants of
Inam lands.
d) Entries in Pass Book to be treated as sufficient evidence to grant loans, without
production of copies of village revenue records (Rule 26 (3))
K. Evidentiary value of revenue records –
As discussed earlier, the need for land records arose for the purpose of collection of land
revenue and therefore, they cannot be said to be documents of title. Their evidentiary
value also ranges from a mere entry to establishing ownership, possession and title in
certain cases. Before asserting the value of entries and records, it is pertinent to dig deep
into the nature of such entries and records, the authority making it, the power to make it
and under which law, the work involved in making it, the basis on which such entries are
made and what does such entry and record signify.

The Hon’ble High Court in State Of Andhra Pradesh v. Pramila Modi And Others while
discussing the evidentiary value of revenue entries observed that the evidentiary value of the
entries made in the revenue records depends upon the very nature of the record and the relevant
provision of law under which such records are maintained. It observed as follows:

“The importance of the entries made in the records and their evidentiary value depends
upon the nature and scope of the statutory provisions under which such records are
maintained. That all revenue records and entries made therein cannot be grouped together

9
 for considering the importance and nature of entries made in such revenue records. The
overbroad view ignoring the difference between one revenue record and the other and the
relevant provisions under which they are prepared and maintained has let to an anomalous
situation. This is an area of the law, which has been much criticized as unsatisfactory and
unsettled as lacking foreseeable and practical outcomes as operating ineffectively and
inequitably. Suffice it to bear in mind, the evidentiary value of the entries made in the
revenue records depends upon the very nature of the record and the relevant provision of
law under which such records are maintained. The answer to the question as to the
evidentiary value of the entries made in the revenue record is required to be decided with
reference to each of the record and the entries made thereunder.”

Note: The appeal filed against this case was dismissed by the Hon’ble Supreme Court
affirming the decision of the High Court.

L. Evidentiary value of entries in Village records

In Kasturchand Vs. Harbilash, 2000 supp (3) SCR 293 the Hon’ble Supreme Court reiterated
the legal position on the evidentiary value of the entries in the village records.

The entries in the annual village papers create a presumption albeit rebuttable in favour of a
person whose name is recorded.We find that a procedure is prescribed to challenge the entries
made in the annual village papers. The procedure is contained in the Madhya Bharat Land
Revenue and Tenancy Act of 1950. As per Section 45 of the said Act, Khasra, Jamabandi or
Khatoni and such other village papers as the Government may from time to time prescribe shall
be annual village papers. Section 46 enjoins preparation of annual village papers each year for
each village of a District in accordance with the rules made under the Act. Section 52 embodies
the presumption that all entries made under that Chapter in the annual village papers shall be
presumed to be correct until the contrary is proved and Section 50 prescribes the method or
procedure for correction of wrong entries in the annual village papers by superior officers. Thus
it is clear that in the event of wrong entries in the annual village papers the same is liable to be
corrected under Section 50 and unless they are so corrected the presumption under Section 52
will govern the position.

10
In Avadh Kishore V. Ram Gopal, the Apex Court while considering the evidentiary value of
the entries made in what is called "Wajibularz" observed that "it is a village administration
paper prepared with due care and after due enquiry by a public servant in the discharge of his
official duties. It is a part of the settlement record and a statutory presumption of correctness
attaches to it."

M. Evidentiary value of entries in Inams Fair Register

In Vatticherukuru Village Panchayat Vs. Nori Venkatarama Deekshithulu and others ,

1991 SCC supl (2) 228 the Supreme Court described the entries in Inams Fair Register under
the A.P. (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 as great
acts of the State and held that the entries in the Inams Fair Register coupled with the entries in
the survey and settlement record furnish unimpeachable evidence of title.

N. Evidentiary Value of Sethwar register:

Sethwar register - These are the records which have an important survey land records register,
which has a complete record of boundary or boundaries of the land in the revenue records. It
is prepared from land survey and settlement process which consist of all the details like survey
numbers, Government or Inam land category, Name of the Pattedar, total area, pote-kharab
area, balance area “Dar” and the Assessment.

In State of A.P. Vs. V. Prameela Modi the Supreme Court held as under:

“Supplementary sethwar issued by the Sarfekhas authorities of the erstwhile

Nizam Government which was accepted by the survey and revenue authorities
including the Government of A.P. constituted title and the same is legally binding
on the successive governments i.e., the Government of Hyderabad and later the
Government of A.P. and that this issue therefore cannot be reopened.”

Note - In the decision against which appeal was filed before Supreme Court wherein
the High Court decision was affirmed, the Hon’ble High Court held that entries in
Sethwar prepared and maintained under the provisions of the A.P. (Telangana)
Land Revenue Act, 1317 Fasli cannot be equated with mere revenue entries for

11
 the purposes of collection of revenue and that the entry therein recognizing a
person as pattadar cannot be treated as mere entry in ordinary revenue record
and patta itself is evidence of title.

O. Whether revenue entries are evidence of title?

A Division Bench of the erstwhile High Court of Andhra Pradesh in Ramanna Vs. Samba
Murthy which inter alia relied upon the Judgment in Thakur Nirman Singh held that the
entries in the revenue records though may be relevant evidence under Section 35 of the
Evidence Act, are not evidence of title.

In G.Satyanarayana v. Government of Andhra Pradesh, (2014) 4 ALD 358 while dealing

with the Telangana Area Land Census Rules, 1954, the erstwhile High Court of Andhra
Pradesh held at para No.83 as under:

“83. These rules were made under Section 97 of the Tenancy Act. Under these Rules,
land census, as defined by Rule 2(f) of the Rules, was taken up by the Government. The
important record i.e., Khasra Pahani is a document prepared under these Rules. Rules
8 to 13 speak of provisional Khasra Pahani and Rule 14 speaks of fair copy of Khasra
Pahani. The said record is an important record and entry as pattadar in the same
would confer absolute title over the land occupied”

In G. Satyanarayana Vs. Government of A.P. (2014) 4 ALD 358, the Hon’ble High Court
after extensively dealing with the revenue records and their evidentiary value observed as
follows:

“(i) A patta granted under BSO-27 constitutes absolute title.

(ii) An assignment made under BSO-15 prior to 18-6-1954 in Andhra Area and a patta
granted under the Laoni Rules before 25-7-1958 in Telangana Area confer absolute title
on the assignee with right to transfer the land. Unless the Revenue functionaries are
first satisfied that the land is an assigned land within the meaning of sub-section (1) of
Section 2 of Act 9 of 1977, no proceeding for cancellation of assignment can be
initiated.

12
 (iii) In case of Laoni pattas granted on collection of market value, the pattadar is entitled
to sell the land without any restrictions.

(iv) In respect of estate and inam lands, ryotwari pattas/occupancy rights certificates
constitute title. In case of protected tenants under the Hyderabad Tenancy and
Agricultural Act 1950, the protected tenants having ownership certificates hold
absolute title.

(v) In the absence of patta, revenue records form basis for determining title. A-
Register/Diglot and Ledger/Chitta in Andhra Area and Sethwar, Supplementary
Sethwar and Wasool Baqui in Telangana Area are the basic settlement record which
provide basis for subsequent entries in the Village Accounts. Before integration of
revenue record, No.1 and No.2 Accounts (old), No.3 Account, No.10 Account and
Register of Holdings in Andhra Area and Pahani patrika, Chowfasla, Faisal Patti and
Khasra Pahani in Telangana Area are relevant Village Accounts for determination of
title. After integration of the Village Accounts under the 1971 Act, (i) Printed Diglot or
A-Register, (ii) Village Account No.1, (iii) Village Account No.2, (iv) No.3 Register
and (v) Village Account No.4 Register of Holdings constitute relevant record.

(vi) Between two rival claimants relying upon the entries in revenue record, the person
whose name is recorded in the basic records such as A-Register and Record of Holdings
and their successors-in-interest will be considered as the rightful owners. In deciding
such disputes, the revenue authorities and the courts need to carefully weigh the
evidence relied upon by the rival parties with reference to the record referred to
hereinbefore. Even in cases of disputes between the Government and private persons,
the above referred record constitute material evidence in determination of title.”

P. Evidentiary Value of RSR:

In P. Suresh Vs. state of A.P. the High Court held that the entries made in the RSR in
year 1909 without taking into consideration the evidence for the subsequent period such
as registered sale transactions cannot be taken as conclusive proof of ownership.

13
 In Shaik Dudekula Pyari Jain Vs. Revenue Divisional Officer, the High Court held
that in the face of the subsequent registered sale transaction it is for the government to
assert and prove its title if it chooses to do so in a properly constituted proceeding before
the Appropriate Forum in accordance with law and that without doing so it is not open
to the revenue authorities or the registration authorities to deny persons claiming rights
over such land merely on the basis of RSR entries.

In G. Satyanarayana Vs. Government of A.P, (2014) 4 ALD 358 the High Court discussed
the evidentiary value of RSRs and concluded as follows:

“(a) RSR is not a stand-alone document and entries therein cannot be taken as
conclusive proof to determine title. It constitutes one of the many revenue records
which have to be considered in determination of title.

(b) Entries in RSR showing the land as belonging to Government do not necessarily
mean that the same is not a patta land, but they only mean that it is not an inam land.

(c) The pattadar column in RSR left blank or containing dots cannot be understood to
mean that the land is vested in the Government. A private person can still claim
ownership over the land based on the patta and/or entries in the revenue record prepared
both prior to and after the commencement of the 1971 Act, besides registered sale
transactions. If, the Government disputes such entries, it needs to get its right declared
by instituting proceedings before the competent court of law”.

Q. Evidentiary Value of TSLR:

There is no presumption that every entry made in the TSLR shall be presumed to be
true until contrary is proved as in the case of entries made in the record of rights under
the provisions of A.P. Record of Rights in Land and Pattadar Passbooks Act, 1971.

Certain Presumptions and Principles concerning revenue records and entries

• Presumption - Presumption of continuity – based on S.114 Illustration (d) of the

Indian Evidence Act:

14
In Ambika Prasad v. Ram Ekbal Rai, AIR 1966 SC 605, the Apex Court held as follows

"Now, if a thing or a State of things is shown to exist, an inference of its continuity

within a reasonably proximate time both forward and backwards may some times
be drawn. The presumption of future continuance is noticed in Illustration (d) to
Section 114 of the Indian Evidence Act, 1872. In appropriate cases, an inference
of the continuity of a thing or a state of things backwards may be drawn under
this Section, though on this point the Section does not give a separate ukkystratuib.
The rule than the presumption of continuance may operate restrospectively has
been recognised both in India and England."

The Apex Court very recently in Salem Municipality v. P.Kumar & Ors. has
observed that presumption of continuity as envisaged in Section 114 of the Indian
Evidence Act can be drawn backward also. Under Section 114 of the Evidence Act,
there is a presumption of continuance of a state of affairs once shown to have prevailed.
The Hon’ble Bench further held that the court can presume that such state of affairs
might have existed in past also unless discontinuity is proved.

• Principle – Stray revenue entry does not give rise to a presumption

In Sir Bhimeshwara Swami Varu Temple v. Pedapudi Krishna Murthi and Ors.,
AIR 1973 SC 1299 it was observed that a stray entry does not give rise to presumption. It was
held long course of entries which are consistently in favour of one party cannot be ignored in
preference to the entries in favour of another party for a solitary year. It was further observed
that oral evidence is of uncertain character and is inadequate to displace the presumption arising
out of the several entries spread over a large number of years

• Principle : An entry in revenue records is only for fiscal purpose and does not
confer title on a person whose name appears in record-of-rights and title to the
property can only be decided by a competent Civil court.

In Suraj Bhan and others Vs. Financial Commissioner and others, (2007) 6 SCC 186,
the Hon’ble Supreme Court reiterated the above principle and held as follows:

15
 "9...It is well settled that an entry in revenue records does not confer title on a person
whose name appears in record-of-rights. It is settled law that entries in the revenue
records or jamabandi have only "fiscal purpose" i.e. payment of land revenue, and no
ownership is conferred on the basis of such entries. So far as title to the property is
concerned, it can only be decided by a competent civil court..."

In a recent decision of the Apex Court in Jitendra Singh Vs. State of Madhya
Pradesh and others, it was observed that:

"8. In the case of Suraj Bhan v. Financial Commissioner, (2007) 6 SCC 186, it is observed
and held by this Court that an entry in revenue records does not confer title on a person
whose name appears in record-of-rights. Entries in the revenue records or jamabandi have
only "fiscal purpose", i.e., payment of land revenue, and no ownership is conferred on the
basis of such entries. It is further observed that so far as the title of the property is concerned,
it can only be decided by a competent civil court.

In K. Chandra Praksh and another v. Joint Collector, Rangareddy District and

others., 2021 (5) ALT 27 (TS) the Hon’ble High Court of Telangana while dealing with the
validity of grant of ORC under the Record of Rights in Land and Pattadar Pass Books Act,
1971, the Hon’ble Court observed that the entries in the revenue records do not confer or divest
a person of his rights and are for fiscal purpose and they are always amenable to the final orders.
It was also observed that the question as to whose sale is valid or not can only be gone into by
the Civil Court.

• Principle - The mutation proceedings drawn on the basis of possession do not

decide any question of title and the orders passed in such proceedings do not
come in the way of a person in getting his rights adjudicated in a regular suit.

The Allahabad High Court in Kalawati vs The Board Of Revenue And 6 Others in Writ B
No. decided on 5 April, 2022 after considering previous decisions observed that the consistent
legal position with regard to the nature of mutation proceedings, is as follows:

(i) mutation proceedings are summary in nature wherein title of the parties over the land
involved is not decided;

16
 (ii) mutation order or revenue entries are only for the fiscal purposes to enable the
State to collect revenue from the person recorded;

(iii) they neither extinguish nor create title;

(iv) mutation in revenue records does not have any presumptive value on the title and
no ownership is conferred on the basis of such entries;

(v) the order of mutation does not in any way effect the title of the parties over the
land in dispute; and

(vi) such orders or entries are not documents of title and are subject to decision of the
competent court.

• Presumption – Presumption of truth attached to revenue record

In Shikharchand Jain Vs. Digamber Jain Praband Karini Sabha and others, 1974 AIR
1174 the Hon’ble Supreme Court held that Khasra is a record of right under Section 45(2) of
the Central Provinces Land Revenue Act, 1917 and that the entries in the record of rights
shall be presumed to be correct unless contrary is shown as per Section 80(3) of that Act.

In Sodhi Transport Co. and Others v. State of U.P. and Others 1986 AIR 1089 the
Hon’ble Supreme Court observed as follows regarding ‘presumption’:

“14. A presumption is not in itself evidence but only makes a prima facie case for party in
whose favour it exists. It is a rule concerning evidence. It indicates the person on whom the
burden of proof lies. When presumption is conclusive, it obviates the production of any other
evidence to dislodge the conclusion to be drawn on proof of certain facts. But when it is
rebuttable it only points out the party on whom lies the duty of going forward with evidence
on the fact presumed, and when that party has produced evidence fairly and reasonably tending
to show that the real fact is not as presumed the purpose of presumption is over. Then the
evidence will determine the true nature of the fact to be established. The rules of presumption
are deduced from enlightened human knowledge and experience and are drawn from the
connection, relation and coincidence of facts, and circumstances."

17
 The Apex Court in Vishwa Vijai Bharti v. Fakhrul Hasan & Ors (1976) 3 SCC 642
held that the entries in the revenue record ought to be generally accepted at their face value and
courts should not embark upon an appellate inquiry into their correctness. But the presumption
of correctness can apply only to genuine, not forged or fraudulent entries. This Court held as
under:

“14. It is true that the entries in the revenue record ought, generally, to be accepted at
their face value and courts should not embark upon an appellate inquiry in to their
correctness. But the presumption of correctness can apply only to genuine, not forged
or fraudulent, entries. The distinction may be fine but it is real. The distinction is that
one cannot challenge the correctness of what the entry is the revenue record states but
the entry is open to the attack that it was made fraudulently or surreptitiously. Fraud
and forgery rob a document of all its legal effect and cannot found a claim to possessory
title.”

The Apex Court in Guru Amarjit Singh v. Rattan Chand and Others AIR 1994 SC
227 was examining a dispute of relationship of landlord and tenant. A copy of more than thirty
years old lease deed was produced to prove the relationship between landowner and tenant.
However, the revenue record did not show any payment of rent but only existence of terms of
lease to pay rent. This Court held that non-production of the receipts of payment of rent clearly
indicates that there was no relationship between landlord and tenants.

In Shri Partap Singh (Since Dead) Thr ... vs Shiv Ram (Since Dead) Thr Lrs. In
CA No. 1511 of 2020 decided on 20 February, 2020 the Hon’ble Supreme Court The
presumption of truth attached to the revenue record can be rebutted if such entry was made
fraudulently or surreptitiously (Vishwa Vijai Bharti's case) or where such entry has not been
made by following the prescribed procedure (Bhimappa Channappa Kapali (Dead) by LRS.
v. Bhimappa Satyappa Kamagouda (Dead) by LRS. and Others). Even in Guru Amarjit
Singh, where thirty years old lease deed was produced, this Court had not accepted the proof
of the relationship between landowner and tenant in absence of receipt of payment of rent.

18
In Veeramacheneni Ranga rao vs. state of A.P. the Hon’ble Court has observed that it is the
duty of the part to lead the best evidence in his possession which could throw light on the issue
in controversy and in case such material evidence is withheld the Court may draw adverse
inference U/s. 114(g) of the Evidence Act notwithstanding that the onus of proof did not lie on
such party and it was not called upon to produce the said evidence.

R. Evidentiary value of proceedings under Revenue Laws:

In Shri Partap Singh (Since Dead) Thr ... vs Shiv Ram (Since Dead) Thr Lrs.
(supra) the Hon’ble supreme Court held that proceedings before Revenue Officer for correction
of revenue record is not per se admissible in evidence while observing as follows:

“The record produced by Lalita Chauhan (DW-8) for correction of Khasra Girdawari
entries is not relevant and admissible before the Civil Court. The proceedings before
the Revenue Officer for correction of revenue record are summary in nature. The
statements recorded by the Revenue Officer during the proceedings for correction of
revenue record are not per se admissible in evidence. Maybe the evidence of the
witnesses could be used to confront the witness being a previous statement if such a
statement is made on oath. Therefore, the reference of corrections of Khasra Girdawari
proceedings is wholly unwarranted when such entries are not proved to be incorrect.”

R. Evidentiary Value of Copies extracted from Dharani

• As per the Act 9 of 2020, S.2(1) “certified copy” or “certified extract” means a copy or
extract taken from Dharani, as certified in the manner prescribed by section 76 of the
Indian Evidence Act, 1872.
• The Pattadar Pass Book-cum-Title Deed issued under this Act shall be deemed to be
the title deed and it shall have the same evidentiary value with regard to the title for the
purpose of creation of equitable mortgage under the provisions of the Transfer of
Property Act, 1882 as a document registered in accordance with the provisions of the
Registration Act, 1908 has, under the law.

19
 • The Hon’ble High Court in Sri Venkateshwara Developers, Adilabad, v. Arepally
Jeevan Rao 2022 (4) ALT 265 (TS) has observed while dealing with revision against
return of plaint by a trial count on the objection that extent of land in Dharani pahani is
different from that claimed in the plaint as follows:

“the objection raised by the Court below with regard to availability of land
as per Dharani portal is unsustainable. `Dharani' is only a portal which the
Government is relying upon. The Court has to consider the pleadings in the
plaint and also contents of the agreement of sale.”

Conclusion – The revenue entries, having originally made for the purpose of land revenue do
not confer any title, however as they are presumed to be correct unless rebutted, they carry
probative value in general. But they cannot be stretched too far to establish ownership without
corroborating evidence.

20
 Glossary

Sethwar Register: These are the records which have an important survey land records register,
which has a complete record of boundary or boundaries of the land in the revenue records. It
is prepared from land survey and settlement process which consist of all the details like survey
numbers, Government or Inam land category, Name of the Pattedar, total area, pote-kharab
area, balance area “Dar” and the Assessment.

Sethwar: Land that can be cultivated

Supplementary Sethwar: A land which can be cultivated but its area is less than an acre and
is adjoining to a survey number that is an agricultural land.

Faisal Patti: It means a land which is not good enough to cultivate

Pahani: It is an important legal document related to land. Pahani is issued by Tahsildar, as it

contains details of land.

Jamabandi: It is a document prepared as part of record-of-right in every revenue estate. It

contains entries regarding Ownership, cultivation and up-to-date of various rights in land. It is
revised every five years when a Jamabandi is prepared by Patwari and attested by Revenue
Officer.

Mutation Register: Mutation indicates the changes that have to be brought about in ownership
and title of the land. It contains the information about the khewat of last Jamabandi, which are
proposed to be corrected (Column No 1 To 7) and information contained in column no 8 to 12
is proposed to be established

Village Map: Village maps are effective tools that help in understanding the geography of a
village settlement.

Field Measurement Book: It is a compilation of map data that is stored in volumes by the.
Government at the respective Tahsildar office. In a property purchase transaction, FMB sketch
is used to verify the land measurements and boundaries of the property
A register: A register is a record of the land held with the Village Administrative Officer. It has
details of property such as it’

21