Judicial Dictionary - R

Judicial Dictionary


Legislative Dictionary


Record-of-Rights

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CategoryR
TitleRecord-of-Rights
Details

Entries in record of rights maintained in official course of business are relevant piece of evidence. Record of right does not create or extinguish title, it merely raises a presumption of accuracy but the presumption is rebuttable. It is not an evidence / document of title. By the term "record-of-rights" shall be understood the settlement record of tenant-rights called the Khatian, or such new editions of such record as may be prepared under rules made under this Act, or such other corresponding record of tenant-rights as may be declared by the Board of Revenue to form the record-of-rights for any district or part of a district. A record-of-rights includes entries duly made in a Register of Mutation. [Section 2(2) of the Land Records Maintenance Act, 1895, (Rep. by Act VIII of 1973.)]

Record-of-Rights is not a document of title. It does not create or extinguish title to land. At best, along with other evidence, it may support an evidence of title. By itself, it is not an evidence of title [Lal Meah vs. Haji Md. Ibrahim Meah (1976) 28 DLR (SC) 61]

In a case where the plaintiff relies upon the entry in the record-of-rights for the basis of his title it is not necessary for him to show the basis of his title, or the entry in the record-of-rights. [Meherjan Bibi vs. Naimuddin Dhali (1981) 33 DLR 126]

See, Ss. 144, 144A, 144B and 145 of the SAT Act, 1950 and Chapter VII of the Tenancy Rules, 1955.

Created OnMay 2, 2011, 5:43 AM
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