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Shri Partap Singh (Since Dead) Thr. His LRs. v. Shiv Ram (Since Dead) Thr. LRs.

Civil Appeal · 2020 INSC 219Decided 20 Feb 2020
Civil Appeal No. 1511 of 2020
Justice L. Nageswara Rao · Justice Hemant Gupta

Background

The plaintiffs, claiming ownership of agricultural land in Himachal Pradesh, sued for a permanent injunction and possession, alleging the defendant (who managed the property) was misusing his position. The defendant claimed he was actually a long-standing tenant paying rent in kind ("Galla batai"), not a mere manager. The trial court and High Court (on second appeal) disagreed on whether the defendant's oral evidence could override the official revenue records (Jamabandi), which did not show any tenancy.

Decision Breakdown

The Supreme Court held that entries in revenue records like the Jamabandi carry a statutory presumption of truth under the Himachal Pradesh Land Revenue Act, and this presumption can only be rebutted by evidence of fraud, surreptitious entry, or a failure to follow the prescribed procedure, not simply by oral testimony from witnesses claiming a contrary arrangement. Since the revenue record did not reflect any tenancy and the defendant's claim rested only on oral evidence, the High Court was wrong to overturn the First Appellate Court's finding in the plaintiffs' favour. The Court restored the judgment and decree of the First Appellate Court and allowed the appeal.

Lesson Learnt

Official land records enjoy a strong legal presumption of accuracy; anyone disputing them (such as claiming an unrecorded tenancy) bears a heavy burden and cannot rely on oral testimony alone to override documented revenue entries.

Official source (sci.gov.in)View Judgment (PDF)

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