Presumption arising out of an entry in the survey records under section 105 of the Land Revenue Code is to be deemed as prevailing till the final adjudication of a suit challenging the right or title of the beneficiary of such entry which is apparently shown as based on possession. It is a settled position that such entry cannot be disturbed by affidavitary evidence, however strong it may be, or just overlooked on the strength of some other proof which would be normally permissible to establish possessory rights of the parties. In this respect the impugned judgment of the learned District Judge is manifestly a judgment passed in curiam and without taking into consideration the law as laid down by this Court on 24-12-82 in Civil Revision Application No. 50/B/82, Damodara Ranum Porobo Loundo v. Bhasker Jalmi and others. In that case it was observed that section 105 of the Land Revenue Code provides that any entry in the Record of Rights and a certified entry in the register of mutations shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted by a fresh one. And while dealing with the use of affidavits to disprove the presumption the Court held that this presumption could not be rebutted on the basis of affidavitary evidence because such evidence was not tested by cross-examination. Affidavit evidence has got only prima facie value and does not constitute sufficient and conclusive proof to disprove and rebut a presumption that arises by law in respect of the entries made in the Record of Rights after due inquiry.
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Bombay High Court
Shriram Narayan Dhond And Anr. vs Demu Surya Gaude on 3 September, 1991
Equivalent citations: 1991 (4) BomCR 251
