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Revenue Record Entries could be challenged on the ground that it was made fraudulently or surreptitiously held by supreme court

Team SoOLEGAL 6 Feb 2019 5:00pm

Revenue Record Entries could be challenged on the ground that it was made fraudulently or surreptitiously held by supreme court

The Supreme Court has recently passed a judgment in the case Dharam Singh vs. Prem Singh. The judicial history of the case is as follows:

Ø  The Trial Court relied on the entries of the revenue which showed that Amar Singh was in possession of the subject plots. The said Court on this basis decreed the suit. The decision was made in the appellant’s favor.

Ø  The defendants appealed in the High Court. The High Court observed that in a record operation, in the year 1961 the Assistant Record Officer, by an order directed the name name of Amar Singh be deleted in the entry of possession. The suit was consequently dismissed by the High Court supported with a holding that no right can be claimed by Amar Singh on the basis of such possession entry. 

Ø  The defendants filed an appeal with the Supreme Court. The question before the Supreme Court was whether the entries in the revenue records can be challenged on the ground that it was made fraudulently or surreptitiously or not.

The Supreme Court bench comprised of Justice Ashok Bhushan and Justice KM Joseph.They agreed with the view of the High Court that although correctness of entries in the revenue records cannot be challenged but entries are subject to be questioned on the ground that it was made fraudulently or surreptitiously.  The bench referred to the following observation made in Vishwa Vijay Bharati vs. Fakhrul Hassan:

"It is true that the entries in the revenue record ought, generally, to be accepted at their face value and courts should not embark upon an appellate inquiry into their correctness. But the presumption of correctness can apply only to genuine, not forged or fraudulent, entries. The distinction may be fine but it is real. The distinction is that one cannot challenge the correctness of what the entry in the revenue record states but the entry is open to the attack that it was made fraudulently or surreptitiously. Fraud and forgery rob a document of all its legal effect and cannot found a claim to possessory title."

Upholding judgment of the High Court, the bench said:

"The order of A.R.O. directing the deletion of the name of Amar Singh was passed on the report of Record Operation Officials in which report it was mentioned that the name of Amar Singh has been surreptitiously recorded. The report was accepted and the direction was issued to delete the name. We, thus, are of the clear opinion that Asami right could not have been obtained by Amar Singh."

Dismissing the appeal by the appellants , the Court held that:

"Although correctness of entries in the revenue records cannot be challenged but entries are open to attack on the ground that it was made fraudulently or surreptitiously."

 



Tagged: Revenue Record Entries   could be challenged    fraudulently or surreptitiously   supreme court  
Did you find this write up useful? YES 5 NO 0
Amankumar Joshi   31 Jul 2022 5:00pm
Nice Judgement
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Amjad advocate   25 Mar 2021 1:04am
Necessary
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Gopalaraju   10 Sep 2020 3:22pm
It is true, wrong entries in land records are painful for effected individual, over facts of recorded written documents. Justice over injustice. Concerned read more
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