PARTAP SINGH (DEAD) THROUGH LRS. & ORS. versus SHIV RAM (DEAD) THROUGH LRS.

PARTAP SINGH (DEAD) THROUGH LRS. & ORS. versus SHIV RAM (DEAD) THROUGH LRS.

Jamabandi and Khasra Girdawari being statutory record-of-rights carry a presumption of truth under the Himachal Land Revenue Act and the Evidence Act; the defendant who asserts a landlord-tenant relationship bore the burden under Section 109 Evidence Act to prove tenancy and failed to rebut the statutory presumption by reliable documentary evidence, and oral testimony alone was insufficient to displace the revenue record; accordingly the High Court's allowance of defendant's appeal based on oral evidence was erroneous and is set aside, affirming the First Appellate Court's judgment.

Parties
Appellants: SHRI PARTAP SINGH (DEAD) THROUGH LRS. & ORS.; Respondents: SHIV RAM (DEAD) THROUGH LRS.
Jurisdiction
India
Judgment Date
20 February 2020
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court Order
Outcome
Appeal allowed
Legal Topics
Presumption of Truth of Revenue Records, Record of Rights (jamabandi) and Periodical Record (khasra Girdawari), Tenancy Vs Possession, Burden of Proof, Rebuttal of Statutory Presumption, Admissibility of Revenue Correction Proceedings
Land Revenue Evidence Civil Litigation Presumption of Truth of Revenue Records Record of Rights (jamabandi) and Periodical Record (khasra Girdawari) Tenancy Vs Possession Burden of Proof Rebuttal of Statutory Presumption +1 more

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Parties

SHRI PARTAP SINGH (DEAD) THROUGH LRS. & ORS.

Appellants

SHIV RAM (DEAD) THROUGH LRS.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court Order

Legal Issues

  1. 1 Whether the presumption of truth attached to entries in the record-of-rights (Jamabandi/Khasra Girdawari) can be rebutted by oral evidence alone
  2. 2 Whether there existed a relationship of landlord and tenant between the parties in respect of the suit land
  3. 3 Whether the High Court erred in allowing the defendant's appeal relying on oral evidence to rebut statutory presumption of revenue records

Ratio Decidendi

Jamabandi and Khasra Girdawari being statutory record-of-rights carry a presumption of truth under the Himachal Land Revenue Act and the Evidence Act; the defendant who asserts a landlord-tenant relationship bore the burden under Section 109 Evidence Act to prove tenancy and failed to rebut the statutory presumption by reliable documentary evidence, and oral testimony alone was insufficient to displace the revenue record; accordingly the High Court's allowance of defendant's appeal based on oral evidence was erroneous and is set aside, affirming the First Appellate Court's judgment.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Judgment and decree passed by the First Appellate Court affirmed