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1945 Supreme(Nagpur) 25

HIGH COURT OF NAGPUR
Pollock
VISHWNATHAPPA SAMBHUAPPA AND ANOTHER – Appellant
Versus
KEDARNATH AND OTHERS – Respondent
Second Appeal No. 77 of 1941
Decided on : 26-03-1945

Advocates Appeared:
A L Halwe, Advocates

Civil courts do not have jurisdiction to correct entries in the record of rights, as it is a matter to be determined by revenue officers.

Headnote:

Record of Rights - Hindu joint family - The court held that a civil court does not have jurisdiction to correct an entry in the record of rights, as it is a matter to be determined by revenue officers. Section 111 of the Berar Land Revenue Code does not give civil courts jurisdiction to correct such entries.

Fact of the Case:

The Plaintiffs claimed to be part of a Hindu joint family with the Defendants and sought correction of an entry in the record of rights after the death of Hariappa. The lower appellate Court dismissed the suit on the ground of maintainability.

Finding of the Court:

The court found that a civil court does not have jurisdiction to correct an entry in the record of rights, as it is a matter to be determined by revenue officers. Section 111 of the Berar Land Revenue Code does not give civil courts jurisdiction to correct such entries. The appeal was dismissed with costs.

Issues: Dispute over correction of entry in record of rights, Jurisdiction of civil court

Ratio Decidendi: The civil court does not have jurisdiction to correct an entry in the record of rights, as it is a matter to be determined by revenue officers. Section 111 of the Berar Land Revenue Code does not give civil courts jurisdiction to correct such entries.

Final Decision: The appeal was dismissed with costs.

JUDGMENT

Polloc—The Plaintiffs contend that they and the Defendants form a Hindu joint family but that, after the death of Hariappa on 2lst April 1937, Defendant 1 managed to get an entry made in the record of rights record ing a partition of the family in 1935. The Plaintiffs accordingly brought the present suit for correction of this entry in the record of rights. The lower appellate Court dismissed the suit on the ground that the suit was not maintainable.

2. Section 110, Berar Land Revenue Code, prescribes how entries shall be made in the record of rights and that an entry in the record of rights shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor. Section 111 states that the civil Courts shall have jurisdic tion to decide any dispute, to which the Crown is not a party relating to any right which is recorded in the record of rights and it is this section on which the Plaintiffs rely. I agree with the learned Additional District Judge that a dispute relating to any right recorded in the record of rights does not include a suit to correct an entry in the record of rights. An entry in the record of rights is never conclu sive, and S. 111 gives the civil Courts jurisdic tion to decide disputes relating to rights recorded in the record of rights, but it does not, in my opinion, give them jurisdiction to correct an entry in the record of rights. Sec tion 192 of the Code prohibits a civil Court from entertaining any suit to obtain a decision on any matter which any revenue officer is, by this law, empowered to determine, except as otherwise provided in this law. The entry to be made in the record of rights is a matter to be determined by the revenue officers, and the civil Courts have no jurisdiction to decide what that entry shall be. It is, I may point out, undesirable that a suit to correct an entry in the record of rights should be brought because such a suit would decide nothing; it would merely leave the matter in dispute to be decided later in a second suit. An entry in the record of rights is merely a piece of evidence that is to be considered in conjunc tion with the other evidence when any dispute relating to any right recorded in the record of rights falls to be decided by the civil Court The appeal is dismissed with costs.

Final Result : Dismissed

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