Record of Rights and Periodical Records

QUAID-E-AZAM LAW COLLEGE LAHORE
HANDOUT LAND REVENUE Act 1967
Record of Rights and Periodical Records
1. Inaugural Words
PLD 1967 Pesh.380
Entry in record of rights did not conclusively establish ownership of
person in whose favor such entry had been made but merely provide
rebuttable presumption.
2. Relevant Provision:
3. Cross-Reference:
4. Meaning of terms:
i. Record of Rights
ii. Periodical records:
5. Evidentiary value of Records in Land Revenue Act:
2007 SCMR 236 (g)
Such records are not foundation of title but only evidence thereof.
Interpretation of entries in record is mere question of fact and not liable
to be re-opened in revision Petition.
6. Documents Contained in record of Rights:
Sec: 39 land Revenue Act 1967


i. Government always claims a share in the produce of the land from the
persons whose permanent right to occupy and tillage is recognized.
Accurate record-of-right is necessary for a sound system of assessment and
collection of Land Revenue. It consists of:
(1) The detail of persons who are Landowners or entitled to receive the
rent or enjoy the production of land.
(2) Nature and extent of rights of those persons and benefits attached
with them.
(3) The detail of dues to be paid by these persons either to government

or among themselves.
ii. Field map of an estate. It is also called Shajra (iAÌNr· Õ Ê jVq). It is the
exact location of fields.
iii. Statement of customs (~iÜ A KUAË ) respecting rights and liabilities in the
estate.
iv. Any other documents, which is prescribed by the Board of Revenue to be

included in the record-of-right.
Board of Revenue framed rules in 1969 under West Pakistan Land Revenue
Act. Rule 30(1) of these rules, prescribe further documents which have been
included in record-of-rights. They are as follows:
i. Preliminary proceedings (Ó Ö AfNIA Ù B¸IË i).


ii. Genealogical or pedigree tree (KnÃ jVq).
iii. Index Survey or Khasra Number (jJÀ Ã Ê jna).
iv. Alphabetical index of landowners.
v. Alphabetical index of mortgagees.
vi. Note of changes in kind of soil.
vii. Register haqdaran nakhlistan (ÆBNn¼bÃ ÆAiAf´Y) (where) the
nakhlistan is assessed to revenue.
viii. Statement of rights in wells and tube-wells.
ix. Statement of distribution of waters (where the lands are irrigated by
means of Karez (lÍiB·) or other similar source).
x. Statement of rights in water mills.
xi. Statements of assessments of Land Revenue.
xii. Order of the Revenue Officer distributing the assessment over holdings.
xiii. Field Book.
7. Explanation:
(i) Register of the names of land owner and tenant:

The record of rights consist of a register containing information as who are
the tenants and who are landowner in a estate. it also specified particulars of
the rents as profit.
(ii) Jama Bandi:
Jamabandi or register of Haqdaran e zamin is an up to date edition of record of
right, it is an authentic record of the owners of land within an estate.

(iii) Register regarding liabilities of land owner and tenant and other
revenue matters:
A register containing there in information with regard to the liabilities of the
land owners and tenant respectively. it also contain information in regard to
the quantum of the land revenue rate cesses, and other payments due from
the land owners.
(iv) Map of the estate:
Map of the estate is also included in record of rights. it describes the location
and measurement of the field.
(v) Statement of customs:
A statement is prepared in which the customs regarding rights and liabilities
of the landowner and tenant are mentioned.
(vi) Statement of rights in wells:
In the areas where irrigation is done through wells a statement is prepared in
which it is specified the respective rights and obligation of the landowners
who can irrigate their land from wells.
(vii) Statement of rights in irrigation:
A statement is prepared in which it is specified that respective rights of the
landowners from other source of irrigation.
(viii) Wajib- ul- Arz:
Wajib- ul- Arz is a statement in which customs and administrative position of
a village is described.
(ix) Shajira nasab:

It is a statement in which genealogical history of persons belonging to the land
is described in de
8. Revision of record-of – Rights:
i.Grounds of Record-of-rights:
a. When it appears that certain estate does not exist
b. When it appears that Existing record requires certain
changes
ii. Order by Board of revenue:

iii. Revision shall be made by patwari upon notification by
Board of revenue
7. Object of record of rights

a. Record of rights helps to protect rights of owners
b. Record of rights helps to recover arrears
c. Record of rights helps to control the corruption
d. Record of rights helps to identify the measured area of land
e. Record of rights helps to identify the location of land
f. Record of rights helps to create accuracy in the record keeping system
g. The basic and fundamental object of the record of the rights is to collect
the revenue from the land owners of the village or state under the land
revenue act. Furthermore, record of rights points out that are under an
obligation to pay the revenue to the government.

8. Remedy against wrong entry
In case of wrong entry in the records of right which is affecting his rights, the
aggrieved person can file declaratory suit in the civil court for correction of
wrong entry under the provision of land revenue act 1967, after
determination of the case the court will issue an order for correction of the
entry of record of rights
9. Rule of presumption
According to the provisions of land revenue act, it is always to be presumed
that all the entries made in the record of rights are correct until these proved
wrong by evidence.
10. Periodical records
It is a document, which is prepared after a certain period, i.e., after

every four years. Following documents are required to form periodical
record of rights:
1. Statements showing landlords, tenants, landowners etc.
2. The nature and extent of rights and liabilities.
3. The rent, land revenue, rates, cessess, or other payments.
11. Preparation of Computerized Records: S. 41-A


The board of revenue shall make an order to specify the date of
commencement of edition in Periodical records and forming
computerized record.
12. Documents included in periodical record of rights:
(i) Jamabandi register haqdaran.
(ii) Title page of register haqdaran zamin.
(iii) Genealogical tree.
(iv) Index number
(v) Note of changes in kind of soil.
(vi) Register of Haqdaran nakhilstan.
(vii) Statement of distribution of water.
(viii) Statement of rights in water mills.
(ix) Supplementary map.
(x) Fard badar.
(xi)Note of attestation by Kanango.
(xii) Note of attestation by the revenue officer.
(xiii) Final attestation certificate of register haqdaran zaimn.
(xiv) List of revenue assignments and Pensions.
13. Preparation of periodic record:

Periodic is prepared in two parts.
(i) Preparation of part relating to land owner.
(ii) Preparation of part relating to other persons.
14. Preparation of part relating to land owner.

(i) Report to patwari:
Any person being land owner or tenant for a fixed term exceeding one year
acquire an estate by.
(i) Inheritance.
(ii) Purchase.
(iii) Gift or.
(iv) Otherwise he shall report to patwari of the estate where he acquired such
right.
(ii) Recording report:
Patwari shall record such report in the roznamcha to be maintained in
prescribed manner.
(iii) Furnishing a copy of report:
Patwari shall furnish a copy of report free of cost to the person making the
report and also send a copy of the report, within a week of its receipt by him
to the union committee. Town committee, or union council within which the
estate is situated.
(iv) Entry in register of mutations:
The patwri shall enter in his register such report which was made to him.
(v) Display of report:
The report has been entered by patwari shall be displayed in such manner as
may be prescribed.
(vi) Failure of patwari to record the report:
If the patwari fails to record the report the person concerned may make the
report in writing to the revenue officer concerned and Nazim of union council

union committee, or town committee in which the estate is situated by
registered post acknowledgement due.
(vii) Inquiry by revenue officer:
The revenue officer shall time to time inquire into the correctness of all
entries in the register of mutation and the reports which should have been
recorded by the patwari.
(a) In case of mutation of inheritance:
In case of acquisition of right by inheritance the revenue office shall inquire
who the legal heirs of the deceased are.
(viii) Identification on register of mutation:
Such person whose right has been acquired shall be identified by two
respectable person preferably from lambardar or member of the union
committee, union council of town committee.
(ix) Order of the revenue officer:
The order shall be made by the revenue officer regarding acquisition of any
right, and entry shall be made in the periodical record.
(a) Time period:
The revenue officer shall make order within three months. From the date of
entry in the mutation register.
(b) Gist of the order to be send:
The gist of the order by the revenue office shall be send to the person whose
right has been acquired and also to the union committee, union council, or
town committee in which the estate is situated.
(c) If the order is not made in time:

If the order by the revenue office is not made within 3 months he shall
explain the cause of delay to the collector in the prescribed manner.
(d) Nature of inquiry:
PLD 1950 Rev. 1189
The inquiry by the revenue officer is of summary nature therefore all
complicated matters should be left to be decided by a competent court.
15. Preparation of part relating to other persons:
If it is undisputed, it shall be record in the prescribed manner. If it is disputed
it will be entered by the patwari in the register of mutation. The revenue
officer after hearing the parties concerned passes the necessary order and it is
incorporated in the register haqdaran zamin when it is prepared.
16. Remedy open to aggrieved person:
If a person aggrieved or injured by an entry in record of rights or in periodical
record of right then he can file a suit for declaration for his right under section
42 of the specific relief act.
Section 53 of land revenue act says
"If any person considers himself to be aggrieved by an entry in the record of
right which he already possess, then it is at his option to file a suit of
declaration of his right under the provisions as contained in chapter six of the
specific relief act 1877
17. Computerized Periodical Record features:

41-B

Collector shall cause to be maintained computerized form of periodical
records called mutation register of estate and other relevant documents.
18. Conclusion:

Record of Rights and Periodical Records

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QUAID-E-AZAM LAW COLLEGE LAHORE

HANDOUT LAND REVENUE Act 1967