RECORDS (Section 31-47)

Synopsis
Introduction
Definition
Documents Included in Standing Record
Need and Objective of Record Of Right
Procedure
Difference between Standing Record and Annual Record
Process of Preparation of Annual Record
Evidentiary Value of Record of Rights
Presumptions
Revision of Record of Rights

INTRODUCTION

Record of Rights is provided under Section 31-33 of the Act. It is provided under this Act that there shall
be Record-of-Right for each estate or in exceptional cases for a group of neighbouring estates. Any
record framed before the passing of the Act are deemed to have been framed under this Act. Thus, the
Act has retrospective effect.

DEFINITION

Section 31(2) states that record of rights for an estate shall include the following documents, namely:-

(a) Statements showing, so far as may be practicable:-

1) The persons who are land owners, tenants or assignees of land revenue in the estate or
who are entitled to receive any of the rents, profits or produce of the estate or to occupy
land therein;
2) The nature and extent of the interests of those persons, and the conditions and liabilities
attached thereto;
3) The rent, land revenue, rates, cesses or other payments due from to each of those persons
and to the Government;
(b) A statement of customs respecting rights and liabilities in the estate;
(c) A map of the estate; and
(d) Such other documents as the Financial Commissioner may, with the previous sanction of the
State Government prescribe.
 Hence record-of-rights show the actual position of the ownership of land in the village and also
show the position of the persons who are the owners or tenant or assignees of land and who are
entitled to receive any rent, profit with respect to any land.

DOCUMENTS INCLUDED IN STANDING RECORD

A standing record includes the following documents:-

(a) A preliminary proceeding.

(b) A shajra kishtwar of field map.
(c) A shajra nasab or genealogical tree.
(d) A jamabandi or register of the holding of owners and tenants showing the fields
comprised in each estate . Revenue for which each owner is responsible and the
rent payable by each tenant. It should also show particulars about the owner and
the tenant as given below:-
1) In the case of the owner, the father’s name tribe or caste, or sub tribe if any
and residence.
2) In the case of the tenant or the cultivator the father’s name, tribe or caste
or sub tribe, if any, residence and status.
(e) A list of revenue assignment and pensions.
(f) A statement of rights in well.
(g) A statement of rights in irrigation, if any, from other sources.
(h) A waji-ul-arz or statement of customs respecting rights or liabilities in the estate.
(i) The order of the settlement officer determining the assessment.
(j) The order of the Settlement Officer describing the assessment over holdings.

NEED AND OBJECTIVES OF RECORD OF RIGHTS

To run the Government machinery properly and smoothly, the State Government is always in
need of money which the State derives from different sources. One of these sources is the share of the
State in the produce of the land. They are bound to give certain share to the government in respect of
their land which is termed as land revenue and the power of its recovery is vested in the Government.
With this object in view it is necessary to determine the persons who are the land owners in any estate
for the purpose of paying land revenue to the government so that the government may hold such
persons responsible for the payment of land revenue. Thus, the need also arises to maintain an accurate
record of right in respect of lands in an estate. Undoubtedly, the land revenue has been the best source
of income for any ruler of India. In order to recover land revenue and to fix the liability of an individual,
it is necessary to keep regular record of rights upto date. In the absence of any record of rights, it is
impossible to fix the exact liability of such person for the payment of land revenue.
 In the case of Chotey Khan vs. Lal Khan1, court held that record of rights clearly give the picture
about the persons, who are the landowners, the tenants, the assignees of land revenue, and of the
owner of the particular holding and its area, what is the amount of rent payable in respect of any land or
holding and what is the amount of land revenue assessed with respect of any land, the nature of land
and the method of irrigation. Section 31 to 47 deals with the provisions relating to the record-of-rights.

PROCEDURE

Procedure for making record of rights is provided under Section 34-40. A person may hold land
in any capacity. He may be landowner, lessee,mortgagee, occupancy tenant or any other. Section 34
provides for landowners, assignees of revenue and occupancy tenants. It says that any person acquiring
land a landowner, assignee of land revenue and occupancy tenant shall report his acquisition of right to
the patwari of the estate and it is the duty of the patwari to enter the particulars in his register of
mutation. If the person acquiring the right is a minor or otherwise disqualified, his guardian or other
person having charge of his property shall make a report to a patwari.Entry does not mean new entry. It
also included amendment in the register.

DIFFERENCE BETWEEN STANDING RECORD AND ANNUAL RECORD

1) A record settlement made before the passing of the Punjab Land Revenue Act,1887
is known as standing record. Whereas annual record which is an amended form of
record of rights and prepared for each estate annually or as and when the Financial
Commissioner may desire to get it prepared from the Revenue Officer subordinate
to him.
2) The standing record is a document which gives an account of initial settlement
whereas an annual record is a document which gives description of subsequent
changing in the standing record. Edition of the record of rights shall be called the
annual record for the estate under Section 34(2).

PROCESS OF PREPARATION OF ANNUAL RECORD

Making of that part of the annual record which relates to land owners, assignee of revenue and
occupancy tenants is given in Section 34 of the Act. It says that any acquiring, by inheritance, purchase,
mortgage, or otherwise, any right in an estate as a landowner , assignee of land revenue or tenant
having a right of occupancy, shall report his acquisition of the right to the patwari of the estate. If the
person acquiring the right is a minor or otherwise disqualified, his guardian or other person having
charge of his property shall make the report to the patwari. The patwari shall enter in his register of
mutations every report made to him, and shall also make an entry therein respecting the acquisition of
any such right which he has reason to believe to have taken place, and of which a report should have
been made to him. A Revenue Officer shall from time to time inquire into the correctness of all entries in
the register of mutations and into all such acquisitions as aforesaid coming to his knowledge of which,

1
AIR 1954 SC 575
under the foregoing sub-sections, report should have been made to the patwari and entry made in that
register and shall in each case make such order as he thinks fit with respect to the entry in the annual
record of the right acquired. Such an entry shall be made by the insertion in that record of description of
the right acquired and by the omission from that record of any entry in any record previously prepared
which by reason of the acquisition has ceased to be correct.

Section 35 of the Act provides for making of that part of the annual record which relates to
other persons. It says that the acquisition of any interest in land other than a right referred in Section 34
shall:

(a) If it is undisputed, be recorded by the patwari in such manner as the Financial

Commissioner may by rule in this behalf prescribe; and
(b) If it is disputed, be entered by the patwari in the register of mutations2 and
dealt with in the manner prescribed in Section 34.
Section 37 provides for Restriction on variations of entries in records. It
says that entries in record-of-rights or in annual records, except entries
made in annual records by Patwaris shall not be varied in subsequent
records otherwise than by:-
(a) Making entries in accordance with facts proved or admitted to have
occurred;
(b) Making such entries as are agreed to by all the parties interested
therein or are supported by a decree or order binding on those
parties;
(c) Making new maps where it is necessary to make them.

The Supreme Court in Prem Nath Khanna and others vs. Narinder Nath Kapoor(Dead) through
LRs and others3 observed as, “ The contention advanced by the learned counsel appearing on behalf of
the respondents that the appellants failed to get the mutation of entries of the suit land incorporated in
the record shows that there was no intention on their part to act upon the contents of the two sale
deeds, cannot be accepted as mere mutation of entries does not confer title upon the deceased
respondent No. 1 in the immovable property.

In the case of Swarni vs. Inder Kaur & Ors4 this court held as under:-

“……Mutation of a property in the revenue record does not create or extinguish title nor
has it any presumptive value on title. It only enables the person in whose favour mutation is ordered to
pay the land revenue in question. The learned Additional District Judge was wholly in error in coming to
a conclusion that mutation in favour of Inder Kaur conveys title in her favour. This erroneous conclusion
has vitiated the entire judgement…….”

2
1994(3) R.R.R. 276
3
2016 AIR (SCW) 1433
4
(1997(1) RCR(Civil)41,
 In the case of Guru Amarjit Singh vs. Rattan Chand & Ors.5 , the Court held that the entries in
jamabandi are not proof of title in respect of an immovable property. In the case of Jattu Ram vs.
Hakam Singh & Ors6., this Court observed that entries made by patwari in official record are only for
the purpose of records and do not by itself prove the correctness of the same nor can statutory
presumption be drawn on the same, particularly, in the absence of corroborative evidence.”

EVIDENTIARY VALUE OF RECORD OF RIGHTS

Record of Rights is the document which creates, acknowledges, declares, limits or extinguishes
the right of a person in the property. It is generally a Registrar having all such information in the
hierarchical manner. This register has been declared relevant and admissible in trial under Section 35 of
Indian Evidence Act, 1872. Section 35 of Indian Evidence Act, 1872 declares relevancy of entry in public
record or an electronic record made in performance of duty. It says that an entry in any public or other
official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made
by a public servant in the discharge of his official duty, or by any other person in performance of a duty
specially enjoined by the law of the country in which such book, register or record or an electronic
record is kept, is itself a relevant fact.

Further Section 44 of the Punjab Land Revenue Act,1887 declares a similar presumption in
favour of entries made in record-of –rights and annual records. It says that an entry made in a record of
rights in accordance with the law for the time being in force, or in an annual record in accordance with
the provisions of this Act, shall be presumed to be true until the contrary is proved or a new entry is
lawfully substituted therefore.

PRESUMPTIONS

In Chhotti Khan vs. Mal Singh7, the Supreme Court has held that the entries in record of rights
are presumed to be true unless the contrary is proved. In Hem Singh vs. Mehnga Singh8, it was held that
the presumption of truth attaches to the latest Jamabandi, unless it is shown that the change was not
effected according to law. The entries of latest jamabandi cannot be rebutted by production of copy of
earlier jamabandi. The party challenging the entries in the latest jamabandi, must lead evidence to show
that change was effected without sufficient cause and legal order.

In Prem Singh vs. Hukami9, it was held that once the entries of Khasra Gidawari are recorded in
Jamabandi. The Revenue Officer’s jurisdiction to the same is ceased, the aggrieved party can approach
the Civil Court for correction.

5
(1994(1) R.C.R.(Rent)12
6
1994(3)R.R.R.
7
AIR 1954 SC 575
8
1950 to 1988 LJR(Rev.) 310
9
1981 LLT 7
REVISION OF RECORD OF RIGHTS

Section 32 authorise the Commissioner to direct that record of rights be

recorded or revised for an estate, where:-
(a) Record of rights of estate does not exist;or
(b) The existing record of rights require special revision.
In the above circumstances, the Commissioner may issue notification for recording
of rights or revision of record of rights of an estate.
The object of Section 32 is:-
(1) To inform the residents of the estate that the government intends to revise or
prepare new record of rights;
(2) To close the door of the civil court from entertaining civil suit in respect of land
covered under notification;
(3) To give power to the settlement officer to determine question of title or allied
rights in the land.

A village Manglora Kadim of Haryana situated on the banks of river Yamuna. Certain area
received from Uttar Pardesh due to river action. The said area was not recorded in the Jamabandi of the
concerned villages. The Commissioner in exercise of its power under Section 32 issued a notification
revoking Jamabandi of the village from the year 1986-87 till 2005-07 and preparation of fresh
jamabandi. The court in Shamsher Singh vs. State of Haryana10, upheld the validity of the notification
and observed Section 32 of 1887 Act empowers the Commissioner to direct, by way of notification, for
preparation of record of rights or its revision, as the case may be, if it appears to him that the record of
rights of an estate does not exist or the existing record-of-rights requires special revision.

10
2012(3) R.C.R.(Civil) 240,