The High Court of Chhattisgarh recently held that no presumption of correctness can be attached to an entry made by the Patwari in the remarks column of a Khasra or field-book showing therein some third party/trespasser to be in possession of the land held by a Bhumiswami and recorded as such in his name in the said land records.
This decision was made while dismissing an appeal against the judgment and decree dated 03.09.1998, passed by the First Additional District Judge in a Civil Appeal, which had reversed the judgment and decree dated 31.01.1992, passed by the Fifth Civil Judge.
Brief Facts:
The appellant/plaintiff filed a civil suit for declaration of title and permanent injunction with respect to agricultural land. The plaintiff was also cultivating on the said land with joint possession along with his father. However, the plaintiff came to know that the Patta of the said land was issued in the name of defendant No.1. Hence, the suit was filed. The trial Court passed the decree in favor of the plaintiff and held that the plaintiff had perfected his title by way of adverse possession. Against the said findings, defendant No.1 preferred the First Appeal which was allowed. The First Appellate Court concluded that the trial Court committed an error in holding that the plaintiff had perfected the title on the basis of adverse possession as a parameter of adverse possession has not been satisfied. Hence, the present appeal.
Contentions of the Appellant:
The Learned Counsel for the Appellant submitted that initially the suit was filed against defendant No.1 claiming his title on the basis of adverse possession but looking to the subsequent development, he is not claiming any relief against the private defendants and at this juncture, the matter is required to be remitted back to the concerned Court in order establish the case against the State after carrying out certain amendments.
Observations of the court:
The court noted that a presumption as regards the continuity of possession of the plaintiffs over the suit land could not be drawn in favor of the plaintiffs on the basis of remarks recorded in the remarks column.
The Court observed that no presumption of correctness can be attached to an entry made by the Patwari in the remarks column of a Khasra or field book showing therein some third party/trespasser to be in possession of the land held by a Bhumiswami and recorded as such in his name in the said land records. The presumption under Section 117 of the Code applies to those entries that are required to be made under Chapter IX and with respect to entries in other land records prepared under the Code. As there is no duty cast on the Patwari to make an entry in the remarks column, there arises no question of drawing any presumption under Section 114(e) of the Evidence Act regarding any act of the Patwari having been regularly performed. The Court said that that mere possession however long does not necessarily mean that it is adverse to the true owner.
The decision of the Court:
The Chhattisgarh High Court, dismissing the appeal, held that the findings recorded by the First Appellate Court are based on proper appreciation of evidence available on record and there is no illegality or perversity in the same which does not call for any interference.
Case Title: Bharosa vs. Smt. Asha Sharma & Ors.
Coram: Hon’ble Justice Deepak Kumar Tiwari
Case No.:SA No. 1016 of 1998
Advocate for the Appellant: Mr. Anurag Singh
Advocate for the Respondent: Mr. Anurag Tripathi
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