AIR 1952 PATNA 157

Patna High Court

Hon'ble Judge(s): Das, Sarjoo Prasad , JJ

Bihar Tenancy Act (8 of 1885) , S.103B— Tenancy Laws - Record of rights - Presumption of correctness attaching to later entry cannot be rebutted, by earlier entry. Evidence Act (1 of 1872) , S.35— An entry in the record of rights prepared at the time of the cadastral survey in 1898 recorded that M was in possession of certain land as 'shikmidar'. A later entry made in respect of the same lands in the record of rights prepared at the time of revisional survey in 1918 recorded M as 'Kashtkar'. 'Held', that the earlier entry made at the time of cadastral survey cannot by itself rebut the presumption of correctness attaching to the later entry. AIR (16) 1929 Pat 460 (FB); AIR (14) 1927 Pat 164, Rel. on; AIR (9) 1922 Pat 548, Ref. Anno : Evi. Act, S. 35, N. 12, 19.