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1951 Supreme(Pat) 118

S.K.DAS, SARJOO PRASAD
Shaikh Banka – Appellant
Versus
Shaikh Bartul – Respondent


Judgment

1. This second appeal by the plaintiff arises out of a suit in ejectment in respect of two plots of land, Nos. 519 and 545, recorded in revisional survey Khata No. 959. The only question which requires an answer in this appeal is whether an earlier entry made in the record of rights prepared at the time of the cadastral survey will by itself and in law rebut the presumption of accuracy attaching to a later entry made in respect of the same lands in the record of rights prepared at the time of the revisional survey. The Courts below have answered this question in the negative, and have further held that there is no reliable evidence which rebuts the presumption of accuracy attaching to the entry made in respect of the lands in dispute in the record of rights prepared at the time of the revisional survey.

2. It appears that in the record of rights prepared at the time of the cadastral survey the lands were recorded as the Kasht lands of an indigo factory and one Mekhar Dusadh was recorded as Shikmidar in possession. The interest of the indigo factory was purchased by one Mahadeo Rai, and at the time of the revisional survey the lands were recorded as the kasht lands of one Me




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