November 21, 2018, 10:18 am

Land Survey

Presumption Value as to Correctness of Record of Rights

Presumption value as to Correctness of Record of Rights and its evidentiary value to observe this we have all ready been seen that u/s 145(A)(8) of the SAT Act. The Land Survey Tribunal have power to declare the last revised records-of- rights prepared u/s 144 to be incorrect and direct the concern office to correct that record accordingly to its decisions.But for exercising this power it should be known that what is presumptive value of the records of rights in general and especially of the last revised records of rights actually for which corrected.

Evidentiary and presumptive value of record of rights in general: Under the statutory law as well as the judicial principles some principles as to legal effects of a finally published record of right have been settled by now. We may enumerate some of them.

(1) Record of right being public record has presumption of correctness under the Evidence Act.

In addition to the presumptive value of correctness as given u/s 144 of the SAT Act and was given u/s 103 B of the then B T Act,the preparation and publication of the record of rights being published under Government authority under the prescription of the Gazette publication and being public record  has got ample presumptive value of its correctness under various provisions of the Evidence Act; such as section 56/57(1),74,114(d)(e) of the Evidence Act.

We may give reference in support of this view that Sec. 147 B of the B T Act does not in any way limit the operation of sec 103B of the Act,under which the presumption of correctness of an entry in a finally published record of rights arises generally and merely in suits between landlord and tenants . The record of rights being a public record prepared by public officers appointment under the statutory authority of the local Government is admissible u/s 35 of Evidence Act and the record being an official Act done within the jurisdiction of the public officer,it has a presumptive value of its correctness. 30 CWN 689,22 CWN 439.

 

 

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