Supreme Court of India
DHARAM SINGH (D) THR. LRS. & ORS.versusPREM SINGH (D) THR. LRS.
- Citation
- 2019 INSC 139
- Decided
- 5 February 2019
- Disposal
- Dismissed
- Bench
- ASHOK BHUSHAN
Holding
A person whose name has been deleted by an order of the Assistant Record Officer is not a recorded occupant within the meaning of Section 10(e) of the 1960 Act, and an unauthorised Patwari entry cannot create Asami or Sirdari rights.
Summary
The appellants filed a suit for permanent injunction claiming Sirdari (Asami) rights over Plot No. 719, asserting that their predecessor‑in‑interest, Amar Singh, was recorded as occupant of the land. The original owner, Tulsa Devi, died without heirs, so her land escheated to the State, and the Collector ordered that Amar Singh retain only 4 Nali of the land, handing over the rest. An Assistant Record Officer later ordered deletion of Amar Singh’s name from the revenue records, stating the entry was made surreptitiously. The Patwari subsequently entered Amar Singh as an Asami and Sirdar, but the Patwari lacked authority to confer such rights. The Supreme Court held that because the deletion order removed Amar Singh from the list of recorded occupants, he could not satisfy the requirement of Section 10(e) of the Kumaon and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960, and the Patwari’s entry was unauthorised; consequently, no Asami or Sirdari rights arose and the appeal was dismissed.
Issues considered
- The appellant could be deemed a 'recorded occupant' under Section 10(e) of the Kumaon and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 despite the Assistant Record Officer's order deleting his name.
- Whether an entry made by a Patwari in the Khata/Khatauni can confer Asami or Sirdari rights in the absence of a competent authority's order.
- Whether the escheat of the original owner's land and its subsequent exchange to the defendants extinguishes any claim by the appellant.
Legislation cited
Subjects
Sirdari rightAsami rightZamindari Abolition ActLand escheatRevenue record deletionPatwari authorityPermanent injunction
Judgment
[2019] 3 S.C.R. 13 13
DHARAM SINGH (D) THR. LRS. & ORS. A
v.
PREM SINGH (D) THR. LRS.
(Civil Appeal No. 516 of 2009)
FEBRUARY 05, 2019 B
[ASHOK BHUSHAN AND K. M. JOSEPH, JJ.]
Suit:
Suit for permanent injunction – On the basis of Sirdari rights
in favour of their predecessor-in-interest in respect of suit property C
(i.e. Plot No. 719) – Case of defendants was that predecessor-in-
interest of the plaintiff being the caretaker of the property of original
owner was in possession of her entire property including the suit
property after the death of the original owner – Entire property
including the suit property was escheated to the State as the original
owner died leaving no heir – Collector ordered for release of the D
property of the original owner from the possession of predecessor-
in-interest of the plaintiff – However, he was allowed to remain in
possession of the land to the extent of 4 Nali – Predecessor-in-
interest handed over the possession of the entire land of original
owner except 4 Nali 1 Muthi to the State – Defendants were give the E
suit property in exchange of their property which was acquired by
the State – During the record operations, predecessor-in-interest of
the property was shown in possession of the plots which was
escheated to the State – Assistant Record Officer passed an order
directing deletion of the name of predecessor-in-interest from the
record on the basis of a report that the name was recorded F
surreptitiously by the record officials – Despite that the name of
predecessor-in-interest continued in the record as occupant of the
land – Pursuant to Zamindari Abolition Act, Patwari made entry in
the Khata/Khatauni giving status of Asami and right of Sirdar to the
predecessor-in-interest of plaintiff – Trial Court decreed the suit – G
High Court in appeal, dismissed the suit – On appeal, held: In view
of order of the Assistant Record Officer directing deletion of the
name of the predecessor-in-interest of the plaintiff as occupant of
the land, he could not have been held to be recorded occupant
within meaning of s. 10(e) of Zamindari Abolition Act – Hence,
H
13
14 SUPREME COURT REPORTS [2019] 3 S.C.R.
A Asami rights could not have been obtained and consequently he
could not have been treated as Sirdar – Patwari was also not a
competent authority to make such entry in Khata Khatauni – It is
proved that the land of the original owner was escheated to the
State; the predecessor-in-interest of the plaintiff had released the
land from his possession and that the suit land was given by the
B
State to the defendants in exchange – Hence, claim of plaintiff by
virtue of entry made by Patwari cannot be accepted – Suit is liable
to be dismissed – Kumaon and Uttarakhand Zamindari Abolition
and Land Reforms Act, 1960 – s. 10 (e).
Dismissing the appeal, the Court
C HELD:1. Asami/Sirdari right on Plot No.719 in the suit was
claimed on the ground that the father of the appellant
(predecessor-in-interest) was recorded in possession. Plot No.719
along with other plots was recorded in the name of the original
owner, last tenure holder. The original owner having died without
D leaving any legal heirs, her land escheated to State. The Collector
has also passed an order for taking possession of land of the
original owner from the possession of the father of the appellant
except leaving four Nali one Muthi land in his possession. A
document dated 14.05.1956 was recorded in this respect which
was signed by the father of appellant. Plot No.719 was not included
E in four Nali which was left with the father of appellant. [Para 6][22-
C-D]
2. The right of the father of the appellant was sought to be
claimed in accordance with Section 10 sub-clause (e) of the
Kumaon and Uttarakhand Zamindari Abolition and Land Reforms
F Act, 1960. For acquiring right under Section 10 sub-clause (e) it
has to be established that person claiming Asami right was
recorded as occupant of land. The High Court in its judgment
noticed that the record operation in the village in question was
undertaken between the period from 1952 to 1963. In the record
operation it was noticed that the name of the father of the appellant
G
was recorded in possession on some plots including Plot No.719.
A report was submitted that the name of the father of the appellant
had been recorded surreptitiously by the Record Operation
Officials. The report further mentioned that possession of land
has already been taken over and handed over to the Malguzar.
H [Paras 7, 8][22-E; 23-B-D]
DHARAM SINGH (D) THR. LRS. v. PREM SINGH (D) THR. 15
LRS.
3. The statute confers Asami right to a person recorded as A
occupant in the last revision of records which were undertaken
between 1952 to 1962. In the said revision order was passed
deleting the name of the father of the appellant from the record
which is a fact not disputed by any of the parties. When in a record,
operation order is passed for deleting the name of the father of
B
the appellant from possession over the land in question, he cannot
be held to be recorded occupant within the meaning of Section
10(e) of 1960 Act. [Para 11][24-E-F]
4. The order of Assistant Record Officer directing the
deletion of the name of the father of the appellant was passed on
the report of Record Operation Officials in which report it was C
mentioned that the name of the father of the appellant has been
surreptitiously recorded. The report was accepted and the
direction was issued to delete the name. Thus, Asami right could
not have been obtained by the father of the appellant.
[Para 13][29-C] D
5. As per the provisions of the Act, 1960 those persons
who had acquired Asami right under the Act were treated to be
Sirdar w.e.f. 1st January, 1974. The father of the appellant being
not recorded occupant, when could not acquire Asami right, no
question arises of he getting Sirdari right. More so entry made
by Patwari was not consequent to any order passed by any E
competent officer. Patwari (Lekhpal) was not authorised to enter
the name of any person or confer any right. Lekhpal (Patwari)
was not entitled to make entry in Khata Khatauni of 1379-1385.
No right was acquired on the strength of the aforesaid entry. [Para
15][25-F-H] F
6. Land of various persons was acquired for construction
of Government buildings in which one of the persons whose land
was acquired was the predecessor-in-interest of respondent. The
Government utilised the land of the original owner which was
escheated to State by giving the said land in exchange to those
G
persons whose land was acquired. The order pertaining to
exchange is dated 05.09.1960 which was brought on the record
as Annexure-P4. In the said order it was noticed that father of
the appellant was in possession of Plot No.719. Plot No.719 was
given in exchange to person whose land was acquired by the State.
The High Court has also relied on the document paper No.23 H
16 SUPREME COURT REPORTS [2019] 3 S.C.R.
A Ga/2 which was written on 14.05.1956 in which it is indicated that
father of appellant has handed over the possession of the entire
land of the original owner except four Nali. [Paras 16, 17][26-A-
D]
7. Father of appellant himself clearly stated that the land of
B the original owner which is escheated to the State will be released
from his possession and he shall not interfere and he shall be in
possession of only four Nali which has been given to him. Plot
No.719 was not given to him and was not included in the said four
Nali land which was left with him. This makes it clear that he
could not claim any right on Plot No.719 belonging to the original
C owner which was escheated to the State and was given in exchange
to predecessor-in-interest of the defendant on 05.09.1960. The
claim of the plaintiff that by virtue of entry made by Patwari, he
became Sirdar, cannot be accepted. [Para 18][26-F-H]
Vishwa Vijay Bharati v. Fakhrul Hassan and others
D (1976) 3 SCC 642 : [1976] Suppl. SCR 519 – relied
on.
Case Law Reference
[1976] Suppl. SCR 519 relied on Para 12
E CIVIL APPELLATE JURISDICTION: Civil Appeal No. 516 of
2009.
From the Judgment and Order dated 28.07.2006 of the High Court
of Uttaranchal at Nainital in First Appeal No. 912 of 2001.
A.S. Rawat, Sr. Adv., Sheikh Imran Alam, Raj Singh Rana,
F Advs. for the Appellants.
Mithilesh Kumar Singh, Ms. Manu Singh, Jaigop Bangama, Advs.
for the Respondents.
The Judgment of the Court was delivered by
G ASHOK BHUSHAN, J. 1. This appeal has been filed
challenging the judgment dated 28.07.2006 of High Court of Uttarakhand
by the appellants, who were the plaintiffs in suit No. 9 of 1992. The
High Court by its judgment has allowed the first appeal filed by the
defendants-respondents setting aside the judgment and decree dated
13.08.1996 of the District Judge in Suit No. 9 of 1992.
H
DHARAM SINGH (D) THR. LRS. v. PREM SINGH (D) THR. 17
LRS. [ASHOK BHUSHAN, J.]
2. The brief facts of the case necessary to be noticed for deciding A
this appeal are:
2.1 One Badri Aswal was the owner of agricultural land in Khata/
Khatauni No. 46 of Village Gyansu, District Uttar Kashi (earlier
part of Tehri Garhwal) measuring a total of 62 Nali and 1 muthi.
The said Badri had no issue. He married one Tulsa Devi. It is B
claimed that Tulsa Devi adopted one Bhopalu as her son after
death of her husband but Bhopalu’s name could never be
mutated in the Revenue records. Tulsa Devi died much before
independence. One Amar Singh, predecessor-in-interest of
appellants claimed to be looking after the affairs of Bhopalu
and paying land revenue on his behalf. Bhopalu also died before C
independence and after death of Bhopalu, Amar Singh
continued to be in possession of land belonging to Tulsa Devi.
Tulsa Devi’s name continued in revenue records. Amar Singh
claimed to be in possession of the land. According to law as
was in force in Tehri Garhwal at that time that when a tenant/ D
owner dies without an heir, the land is escheated to State. For
the reason, Tulsa Devi died without an heir, the entire land was
treated to be State property.
2.2 The Collector, Tehri Garhwal passed an order on 17.04.1956
and ordered that property of Tulsa Devi be got released from E
the possession of Amar Singh. However, Amar Singh was
allowed to remain in possession of the land where his house,
Gaushala and Sagwara was situated with the condition that
total areas shall not exceed 4 Nali. A document was written
on 14.05.1956 (paper No.23Gha/2) which recorded that Amar
Singh has handed over possession of the entire land of Tulsa F
Devi except 4 Nali 1 muthi. The plots covering that area of 4
Nali and 1 muthi was also mentioned in the said document.
The Government required land for construction of buildings
for District Uttar Kashi, with regard to which land in Village
Gyansu was acquired. Instead of paying compensation to G
tenure holders whose land was acquired, the Government
ordered to give land in exchange of the land, which earlier was
recorded in the name of Tulsa Devi, which stood escheated to
the State. An exchange document was recorded in this context
where various plots were given in exchange to different tenant
H
18 SUPREME COURT REPORTS [2019] 3 S.C.R.
A holders whose land was acquired. The record operations in
the village in question continued from 1952 to 1963 (as has
been noted by the High Court).
2.3 The name of Amar Singh was shown in possession with regard
to few plots, which were the plots recorded in the name of
B Tulsa Devi. The A.R.O. passed an order dated 06.05.1961
directing that name of Amar Singh, who was recorded in
possession be deleted. The said order was based on a report
that name of Amar Singh has been recorded surreptitiously by
the record officials.
C 2.4 In area where the land in question was situated, the Kumaon
and Uttarakhand Zamindari Abolition and Land Reforms Act,
1960 (hereinafter referred to as “1960 Act”) was enforced.
In accordance with the provisions of the 1960 Act, Section 10
provides that every person who on the date immediately
preceding the appointed date was recorded as occupants of
D land held by a hissedar or a khaikar was held to be asamis.
The Patwari of the village referring to a Government order
dated 19.12.1973 made an entry in Khata/Khatauni firstly in
the Fasli year 1979-1985 making entries as per the above
Government order. The status of asamis w.e.f. 01.01.1974
E and right of sirdar of Khasra No. 641, 719 and 697 was entered
against the name of Amar Singh by the Patwari. Amar Singh
died in or about the Year 1985. The appellants, who are sons
of Lt. Amar Singh filed Civil Suit No. 9 of 1992 against the
defendants-respondents praying for permanent injunction.
Following reliefs were claimed in para No. 11 of the plaint:-
F
a) to pass a permanent injunction restraining the defendant his
family members, agents and labourers from forceful,
fraudulent interference in the land in Khata Khatoni No.195/
35-K field No.719 admeasuring 2 Nali, 11 Muthi land of
village Gyansu, Patti Barahat, Uttarkashi;
G
b) the cost of the case be awarded in favour of the plaintiffs
and against the defendant, as this Hon’ble Court deems fit
and proper in the facts and circumstances of the case.
2.5 The case of the plaintiff was that father of plaintiff got sirdari
rights w.e.f. 01.01.1974. Father of the plaintiffs remained in
H
DHARAM SINGH (D) THR. LRS. v. PREM SINGH (D) THR. 19
LRS. [ASHOK BHUSHAN, J.]
possession till his death and thereafter the appellants are in A
possession of plot No. 719 area – 2 Nali and 1 muthi on which
they have shown mustard crops. It was pleaded that on
27.11.1991, the defendants damaged the mustard crops.
Consequently, the suit was filed.
2.6 The defendants in their written statements denied the plaint B
allegations. Defendants’ case was that plot No. 719 and other
plots were recorded in the name of Tulsa Devi, who died before
the present settlement leaving no heir, therefore, the properties
of Tulsa Devi escheated to State and vested in the State of
Uttar Pradesh. In the year 1956-57, State needed the properties
in Mauza Barahat for construction of PWD houses, the C
Government acquired property but instead of paying
compensation, the owners were given plots of Tulsa Devi in
exchange. The grandfather of defendant Mor Singh was
Maurusidar, who was owner of plot No. 611 area of 3 Nali 2
muthi, which was acquired by the State and in exchange of D
said plots Mor Singh was given plot Nos. 366,335, 336 and 364
corresponding to new Plot Nos. 641, 719 and 657. After the
death of Mor Singh, partition took place and the plots came in
the kura of Narain Singh, father of the defendants.
2.7 Narain Singh partitioned the property and since 24.03.1969, it E
is the defendants, who are the owners of the plot. Narain
Singh died in 1974. It was pleaded that District Magistrate,
Tehri Garhwal ordered that the property of Tulsa Devi be got
released from the possession of Amar Singh and allowed him
to own only 4 Nali 1 muthi land. The land, which was left with
Amar Singh did not include Plot No. 719 and with connivance F
of revenue officials, he got forged entries made with regard to
Plot No. 719 and 641. It was alleged that at the present
settlement, the Assistant Record officer ordered for striking
off the name of Amar Singh by order dated 06.05.1961 but
even after directing for deletion of his name from Plot No. G
641, 749, it continued in the Revenue records on the basis of
which Amar Singh claimed that he has become sirdar.
2.8 It was alleged that plaintiffs are not in possession of the plot
Nos. 641 and 719 and it is the defendants, who are in possession
and the suit is liable to be dismissed. H
20 SUPREME COURT REPORTS [2019] 3 S.C.R.
A 2.9 Trial court framed several issues and by order dated 13.08.1996
decreed the suit for injunction of the plaintiffs. Trial court
further noticed that an order was passed by the Assistant
Record Officer and in the order, he directed for deletion of the
name of Amar Singh, the order was only in papers and there
is no proof, which has been filed on the record to prove that
B
actual possession of the plot was taken from Amar Singh.
Consequently, the entries of possession continued in favour of
Amar Singh.
2.10 With regard to the case of the defendants that possession
was taken from Amar Singh of the plot belonging to Tulsa Devi
C and in exchange the plot No. 719 was given to the predecessors-
in-interest of the plaintiffs, the trial court held that even though
document 23C indicate that plots were taken from Amar Singh
and given in supurdagi of Malguzar but there is no proof that
actual possession was taken from Amar Singh. The entries in
D the name of Amar Singh cannot be held to be forged (farzi).
2.11 The defendants aggrieved by the judgment of trial court dated
13.08.1996 filed an appeal in the High Court. The High Court
vide its judgment dated 28.07.2006 has allowed the first appeal
and set aside the judgment of the trial court dated 13.08.1996.
E High Court held that in the record operation, there being order
passed by Assistant Record Officer in the year 1961 directing
the deletion of entry in the name of Amar Singh, no right can
be claimed by Amar Singh on the basis of such possession
entry. High Court further held that the entry made by the
Patwari(Lekhpal) in 1379-1385 Fasli, that Amar Singh has
F become asamis and sirdar was without authority.
Patwari(Lekhpal) was not competent to declare asami/sirdari
rights and it was only Assistant Collector, who could have
passed any such order. No order having been passed by the
competent authority giving asamis/sirdari rights to Amar Singh,
G on the strength of unauthorised entry made by Patwari, Amar
Singh cannot claim any right.
2.12 High Court further noticed that Amar Singh himself in his
statement, as has been extracted, in the document dated
14.05.1956, admitted to release the land of Tulsa Devi from
H his possession except area of 4 Nali, which was given to him
DHARAM SINGH (D) THR. LRS. v. PREM SINGH (D) THR. 21
LRS. [ASHOK BHUSHAN, J.]
under the order of Collector, Tehri Garhwal, where his house, A
Gaushala and Sagwara were situated. Amar Singh thereafter
cannot claim possession or right with regard to any land except
those 4 Nalis land, which was given to him in the year 1956.
2.13 High Court held that although correctness of entries in the
revenue records cannot be challenged but entries are open to B
attack on the ground that it was made fraudulently or
surreptitiously. High Court held that defendants’ case is
fortified by the document 21-Ga, which indicate that the land
in question had been given in exchange to the predecessor of
defendants. On the aforesaid findings, the appeal was allowed
setting aside the judgment of the trial court. The appellants C
aggrieved by the judgment of the High Court has come up in
this appeal.
3. Shri A.S. Rawat, learned senior counsel appearing for the
appellants contends that High Court erred in setting aside the decree of
trial court. He submits that Amar Singh’s name being recorded in the D
revenue records as in possession of plot in question, he become asamis
by virtue of provisions of 1960 Act and the entry made by Patwari in
Khasra “1979-1385” was on the strength of statutory provision and
Government order issued therein. He submits that Amar Singh was never
dispossessed from plot in question. He submits that the plot No. 719 E
being a very small piece of land measuring 2 Nali 1 muthi land, which
was in possession of Amar Singh, the trial court has correctly decreed
the suit holding the Amar Singh to have become asamis/sirdars and
bhumidars. He submits that entry made in favour of Amar Singh as
asamis cannot be held to be forged.
F
4. Learned counsel for the respondents refuting the submissions
of the learned counsel for the appellants contends that the plot in question
was given in exchange to the predecessor-in-interest of the respondents
in lieu of acquisition of land of predecessor-in-interest. It is submitted
that in the exchange, plot No.719 – 2 Nali 1 muthi was given to the
defendants, which is reflected in records, Amar Singh had no right to G
claim the land, which was recorded in the name of Tulsa Devi. Tulsa
Devi having died issueless, the entire land was escheated to State. He
submits that entry of possession in the name of Amar Singh was directed
to be deleted by competent officer in the record operation. On the mere
fact that name continued on record no rights can be claimed by Amar
H
22 SUPREME COURT REPORTS [2019] 3 S.C.R.
A Singh thereafter. There are material on record where Amar Singh himself
admitted that he has handed over the possession of all plots including
719 except 4 Nali 1 muthi land, which was permitted to be retained by
him. The appellants name not being recorded as occupants, he cannot
claim any rights under Section 10 of the 1960 Act. learned counsel for
the respondent submits that High Court has rightly allowed the appeal.
B
5. We have considered the submissions made by the learned
counsel for the parties and perused the records.
6. Amar Singh, the father of the appellant, claimed Asami/Sirdari
right on Plot No.719 in the suit on the ground that he was recorded in
possession. We have already noticed above that Plot No.719 along with
C
other plots was recorded in the name of Smt. Tulsa Devi, last tenure
holder. Smt. Tulsa Devi having died without leaving any legal heirs her
land escheated to State. The Collector has also passed an order for
taking possession of land of Smt. Tulsa Devi from the possession of
Amar Singh except leaving 4 Nali one Muthi land in the possession of
D Amar Singh. A document dated 14.05.1956 was recorded in this respect
which was signed by Amar Singh. Plot No.719 was not included in 4
Nali which was left with Amar Singh.
7. The right of Amar Singh was sought to be claimed in accordance
with Section 10 sub-clause (e) of the Act, 1960. Section 10 of the Act is
E as follows:
“Section 10. Sirtans to be Asamis.—Every person who, on the
date immediately preceding the appointed date, was-
(a) a sirtan holding from aissedar; or
(b) a sirtan holding from a khaikar; or
F (c) a mortgagee in actual possession of land mentioned in Section
8; or
(d) a lessee of the rights of a hissedar in non-khaikari land and a
lessee or sub-lessee mentioned in Section 34 of the Tehri-
Garhwal Bhumi-Sambandhi Adhikar Niyams, 1941 of the rights
G of a khaikar or those of a maurusidar in non-khaikari land having
any land in his personal cultivation as such; or
(e) recorded as occupant of land held by a hissedar or a khaikar
as such in the last revision of records made under Chapter IV
of the U.P. Land Revenue Act, 1901;
H
DHARAM SINGH (D) THR. LRS. v. PREM SINGH (D) THR. 23
LRS. [ASHOK BHUSHAN, J.]
shall be called asami of the land and shall, subject to the provisions A
of this Act, be entitled to take or retain possession thereof.”
8. Every person, who on the date immediately preceding the
appointed date, was recorded as occupant of the land held by a hissedar
or a khaikar as such in the last revision of records made under Chapter
IV of the U.P. Land Revenue Act, 1901 shall be called Asami of land B
and entitled to take or retain possession thereof. For acquiring right under
Section 10 sub-clause (e) it has to be established that person claiming
Asami right was recorded as occupant of land. The High Court in its
judgment noticed that the record operation in village in question was
undertaken between the period from 1952 to 1963. In the record operation
it was noticed that the name of Amar Singh was recorded in possession C
on some plots including Plot No.719. A report was submitted that the
name of Amar Singh had been recorded surreptitiously by the Record
Operation Officials. The report further mentioned that possession of
land has already been taken over and handed over to the Malguzar. The
Assistant Record Officer passed an order dated 01.05.1963 English D
translation of which order has been extracted by the High Court which
is to the following effect:
“The new No.719 showing Amar Singh. The Amin has shown
forged entries as is evident from the report of S.N.T. dated
06.05.1961. For the time being delete the possession from these E
numbers and enter into the Maurusi record of the deceased.” It
was further directed that the revenue record may be corrected
accordingly. In pursuance of the said order the settlement record
was corrected and that document is paper No.23 Ga/2 on record.”
9. When during record operation competent authority has passed F
an order for deleting the name of Amar Singh from possession whether
Amar Singh can be still treated as recorded occupant in the record so as
to acquire benefit of Asami is the question to be answered.
10. The trial court in its order decreeing the suit has noticed the
order of A.R.O. directing for deletion the name of Amar Singh from G
record. The trial court, however, has observed that the order passed by
the A.R.O. having not given effect in the record and name of Amar
Singh having continued in the record he is entitled to be treated as Sirdar.
The trial court in the above context has made following observation in its
judgment:
H
24 SUPREME COURT REPORTS [2019] 3 S.C.R.
A “Ex.1 is the copy of order of A.R.O. in present settlement by
which he had passed order for striking the name of Amar Singh
from some of the plots but again there is nothing on record to
show that this order was complied with. The learned counsel for
the defendant contended that paper No.18-C is another copy of
paper No.12-Ka(Ex.1) which shows that Amar Singh was present
B
at the time of order. However, the presence of Amar Singh and
his signature on the said order does not prove that Amar Singh
delivered possessions of the said plots and further as earlier stated
that Smt. Tulasa was not alive and possession could not be delivered
to her, therefore, even if the entries were held forged in 1961 and
C in spite of the order the entries were not corrected by the revenue
authorities, this could not be held as forgery and fraud on the part
of plaintiff or his father and further even there was no evidence
that in compliance of the order Amar Singh was ever dispossessed
and in spite of the said orders, Amar Singh was in actual possession
and, therefore, he was recorded as Sirdar on the basis of actual
D
possession.”
11. The statute confers Asami right to a person recorded as
occupant in the last revision of records which were undertaken between
1952 to 1962. In the said revision order was passed deleting the name of
Amar Singh from the record which is a fact not disputed by any of the
E parties. The trial court decreed the suit observing that even if the order
was passed there was nothing on record to show that said order of
A.R.O. was complied. The trial court further held that it is not proved
that Amar Singh was even dispossessed in spite of the order passed by
the A.R.O. The statute conferred the benefit on a person recorded as
F occupant. When in a record operation order is passed for deleting the
name of Amar Singh from possession over the land in question, Amar
Singh cannot be held to be recorded occupant within the meaning of
Section 10(e).
12. The High Court has dealt with the above aspect of the matter
G and has held that continuation of entry after the order of deletion of the
name of Amar Singh cannot confer any right. The judgment of this Court
in Vishwa Vijay Bharati vs. Fakhrul Hassan and others, (1976) 3
SCC 642, has rightly been referred to and relied by the High court. This
Court in paragraph 14 of the judgment was laid down following:
H
DHARAM SINGH (D) THR. LRS. v. PREM SINGH (D) THR. 25
LRS. [ASHOK BHUSHAN, J.]
“14. It is true that the entries in the revenue record ought, generally, A
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
B
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.”
13. 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 C
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.
14. Learned counsel for the appellant has placed much emphasis D
on the entry made by Patwari in 1379-1385, Annexure-P/8. The entry
made by Patwari with respect to Amar Singh is as follows:
“The Government order No.291/1-4(3)/73 Revenue dated 19.12.73
a status Aasami w.e.f. 1 January, 1974 and right of Sirdar of
Khasara No.641, 719, 720 total 6 Nali 10 Muthi at the rate of E
Rs.3.15 per annuam.
Sd/- Illegible
Patwari.”
15. As per the provisions of the Act, 1960 those persons who had
acquired Asami right under the Act were treated to be Sirdar w.e.f. 1st F
January, 1974. The entry made by Patwari as noted above is to the
above effect. Amar Singh being not recorded occupant, when could not
acquire Asami right no question arises of he getting Sirdari right. More
so entry made by Patwari as clear from the entry itself, as noted above,
was not consequent to any order passed by any competent officer. Patwari G
(Lekhpal) was not authorised to enter the name of any person or confer
any right. The High Court has held that Lekhpal (Patwari) was not entitled
to make entry in Khata Khatauni of 1379-1385. We fully endorse the
aforesaid view of the High court; no right was acquired on the strength
of the aforesaid entry.
H
26 SUPREME COURT REPORTS [2019] 3 S.C.R.
A 16. One more aspect of the matter further needs to be noted. As
noted above, land of various persons was acquired for construction of
Government buildings in which one of the persons whose land was
acquired was Mor Singh, the predecessor-in-interest of respondent. The
Government utilised the land of Tulsa Devi which was escheated to
State by giving the said land in exchange to those persons whose land
B
was acquired. The order pertaining to exchange is dated 05.09.1960
which was brought on the record as Annexure-P4. In the said order it
was noticed that Amar Singh was in possession of Plot No.719. Plot
No.719 was given in exchange to person whose land was acquired by
the State.
C 17. The High Court has also relied on the document paper No.23
Ga/2 which was written on 14.05.1956 in which it is indicated that Amar
Singh has handed over the possession of the entire land of Smt. Tulsa
Devi except 4 Nali. In paragraph 17 of the judgment of the High Court
the statement of Amar Singh has been noted to the following effect:
D “17. “I Amar Singh, adopted son of Bhopalu, Village Gyansu, Patti
Brahat, state that the escheat land of Maurasi Tulsa, which is in
my possession, will be released from my possession and I will not
interfere in that land from today onwards and I will be in possession
of the land which is ordered to be given to me for the purpose of
E Goshala, Courtyard, Sagwara and for Water Ponds. The number
of those Plots are Plot No.339 Sagwara, 240 Goishala, 244 House,
245, 246 Sagwara, 247, 248, 249 Sagwara and 619 Ka which is 1
Nali 15 Muthi and total area of 4 Nali which has been given to
me.”
F 18. Amar Singh himself clearly stated that the land of Tulsa Devi
which is escheated to the State will be released from his possession and
he shall not interfere and he shall be in possession of only 4 Nali which
has been given to him. Plot No.719 was not given to him and was not
included in the said 4 Nali land which was left with him. This makes it
clear that he could not claim any right on Plot No.719 belonging to Tulsa
G Devi which was escheated to the State and was given in exchange to
predecessor-in-interest of the defendant on 05.09.1960. The claim of
the plaintiff that by virtue of entry made by Patwari as noted above, he
became Sirdar cannot be accepted. The High Court after considering
entire evidence on record has rightly set aside the order passed by the
H Trial Court.
DHARAM SINGH (D) THR. LRS. v. PREM SINGH (D) THR. 27
LRS. [ASHOK BHUSHAN, J.]
19. We do not find any error in the judgment of the High Court. A
There being no merit in the appeal, the appeal is dismissed.
Kalpana K. Tripathy Appeal dismissed.
B
C
D
E
F
G
H
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