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Karewwa VS Hussensab Khansaheb Wajantri - 2001 6 Supreme 18202 : The presumption of correctness of an entry in the revenue record is rebuttable, but a mere statement of fact in a written statement is not sufficient to rebut this presumption. The Appellate Tribunal found that the respondent was recorded as a tenant since 1973, and no interference was called for, indicating that the presumption stood unless effectively rebutted by evidence beyond a mere assertion in a written statement.Checking relevance for State of A. P. VS Star Bone Mill & Fertiliser Co. ...

State of A. P. VS Star Bone Mill & Fertiliser Co. - 2013 0 Supreme(SC) 182 : A revenue record is not a document of title. It merely raises a presumption in regard to possession. Presumption of possession and/or continuity thereof, both forward and backward, can also be raised under Section 110 of the Evidence Act. The presumption arising from a revenue record is rebuttable, as established in the case of Chief Conservator of Forests, Govt. of A.P. v. Collector & Ors., AIR 2003 SC 1805, where it was held that ''''Presumption, which is rebuttable, is attracted when the possession is prima facie lawful and when the contesting party has no title.''''Checking relevance for N. Vijay Kumar VS Vishwanath Rao N. ...

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Rabari Nagjibhai Maneklal VS Nilamben Upendrabhai Shah - 2022 0 Supreme(Guj) 319 : The presumption arising from revenue records is rebuttable. This is explicitly stated in multiple passages from the document, including: ''''This presumption is rebuttable.'''' (para 45), ''''A revenue record is not a document of title. It merely raises a presumption in regard to the possession. Presumption of possession and/or continuity thereof both forward and backward can also be raised under Section 110 of the Indian Evidence Act.'''' (para 47), and ''''The entries in revenue record may refer to the possession of the person on the land in dispute and prima facie it may raise a presumption of title but such presumption is rebuttable.'''' (para 48). These statements are supported by Supreme Court precedents cited in the document, such as Narain Prasad Agarwal v. State of Madhya Pradesh, 2007 (8) SCALE 250, which holds that ''''such a presumption is rebuttable.''''Checking relevance for Monir Uddin Ahmed, Son Of Late Abbas Ali @ Abbas Ali Talukdar VS Union Of India...

Monir Uddin Ahmed, Son Of Late Abbas Ali @ Abbas Ali Talukdar VS Union Of India - 2022 0 Supreme(Gau) 549 : The presumption of correctness attached to entries in revenue records, including Jamabandies, is rebuttable. This principle is supported by multiple Supreme Court decisions cited in the document, including Karewwa and others vs. Hussensab Khansaheb Wajantri and others (2002) 10 SCC 315, where it was held that while the presumption of correctness of an entry in the revenue record is rebuttable, it cannot be rebutted merely by a statement in the written statement; instead, evidence must be led to displace the presumption. Similarly, in Harish Chander and others vs. Ghisa Ram and another (1981) 1 SCC 431, the Court emphasized that the presumption of truth attached to entries in the Jamabandi is rebuttable but requires affirmative evidence to overcome. The document further clarifies that the presumption applies only to genuine entries and not to forged or fraudulent ones, reinforcing that the presumption is not absolute and can be challenged with proper evidence.Checking relevance for Minati Bhadra VS Dilip Kr. Bhadra...

Minati Bhadra VS Dilip Kr. Bhadra - 2023 0 Supreme(Cal) 1573 : The Hon’ble Supreme Court in KAREWWA VS. HUSENSAB KHANSAHEB WAJANTRI (2002) 10 SCC 315 held that the presumption of correctness of an entry in the revenue record is a rebuttable presumption. However, mere statement of fact in the written statement is not sufficient to rebut the presumption; evidence must be led to show that the entry is incorrect.

AI Overview...

Presumption of Revenue Record - The presumption of correctness of revenue records is generally considered rebuttable. It is presumed that entries are genuine and reflect the true state of affairs, but this presumption can be rebutted if there is evidence of fraudulent or forged entries, or if the entries were made surreptitiously ["Nokhai VS D. D. C. - Allahabad"], ["Nokhai VS D. D. C. - Allahabad"], ["Dinesh Dixit VS State of U. P. - Allahabad"], ["Nokhai VS D. D. C. - Allahabad"], ["Nokhai VS D. D. C. - Allahabad"].
Rebuttable Nature of Presumption - Multiple judgments emphasize that the presumption attached to revenue records is rebuttable, meaning the party challenging the record must produce sufficient evidence to disprove its correctness. The presumption is not conclusive and can be challenged by demonstrating fraud, forgery, or other irregularities ["Nokhai VS D. D. C. - Allahabad"], ["Nokhai VS D. D. C. - Allahabad"], ["Dinesh Dixit VS State of U. P. - Allahabad"], ["Nokhai VS D. D. C. - Allahabad"], ["Nokhai VS D. D. C. - Allahabad"].
Standard of Rebuttal - The rebuttal requires producing evidence that reasonably and convincingly shows the record is not accurate, typically by establishing that entries were fraudulent or made surreptitiously. Mere denial or unsupported claims are insufficient; credible evidence is necessary to rebut the presumption ["Nokhai VS D. D. C. - Allahabad"], ["Nokhai VS D. D. C. - Allahabad"], ["Dinesh Dixit VS State of U. P. - Allahabad"].
Legal Position and Judicial View - Courts have consistently held that the presumption of correctness of revenue records is a rebuttable presumption of law, not a conclusive fact. The burden of proof shifts to the party contesting the record to produce evidence that undermines its authenticity ["Nokhai VS D. D. C. - Allahabad"], ["Nokhai VS D. D. C. - Allahabad"], ["Dinesh Dixit VS State of U. P. - Allahabad"].
Summary and Conclusion - The presumption of revenue record is rebuttable, and its validity can be challenged through evidence of fraud, forgery, or irregularities. This aligns with the legal principle that such presumptions are of evidentiary value but are not absolute, requiring parties to substantiate their claims to uphold or rebut the presumption ["Nokhai VS D. D. C. - Allahabad"], ["Nokhai VS D. D. C. - Allahabad"], ["Dinesh Dixit VS State of U. P. - Allahabad"].

Is Revenue Records Presumption Rebuttable?

In property and land disputes across India, revenue records—such as jamabandi, khasra girdawari, and mutation entries—play a pivotal role. These official documents maintained by revenue authorities often serve as primary evidence of possession, ownership, or tenancy. But a common question arises: Is the presumption of revenue record correctness rebuttable? The answer is yes, but it requires more than mere denial. This blog delves into the legal principles, judicial precedents, and practical strategies, drawing from Supreme Court and High Court decisions.

Understanding this presumption can help landowners, tenants, and litigants navigate disputes effectively. While revenue records carry weight, they are not infallible. Let's break it down.

The Presumption of Correctness in Revenue Records

Revenue records are generally presumed to be correct. Courts typically accept entries at face value unless proven otherwise. As clarified by the Supreme Court, entries in the revenue record ought to be generally accepted at their face value and courts should not embark upon an appellate inquiry into their correctness Monir Uddin Ahmed, Son Of Late Abbas Ali @ Abbas Ali Talukdar VS Union Of India - 2022 0 Supreme(Gau) 549.

This presumption arises because revenue records are public documents prepared by government officials in the discharge of official duties. However, it is not absolute. It applies primarily to genuine entries, not those that are forged, fraudulent, or incorrect Monir Uddin Ahmed, Son Of Late Abbas Ali @ Abbas Ali Talukdar VS Union Of India - 2022 0 Supreme(Gau) 549.

In another ruling, the Court held that the respondent was recorded as a tenant in the revenue record in the year 1973 and under law the presumption is that the entry is correct Minati Bhadra VS Dilip Kr. Bhadra - 2023 0 Supreme(Cal) 1573. Yet, this underscores the rebuttable nature of the presumption.

Yes, the Presumption is Rebuttable—Here's How

The core legal finding is clear: The presumption of correctness of revenue records is rebuttable. Parties can challenge and displace it by producing credible evidence demonstrating that the entries are incorrect or fraudulent Monir Uddin Ahmed, Son Of Late Abbas Ali @ Abbas Ali Talukdar VS Union Of India - 2022 0 Supreme(Gau) 549.

Key Requirements to Rebut the Presumption

Burden of Proof: Lies on the party asserting the record is wrong Monir Uddin Ahmed, Son Of Late Abbas Ali @ Abbas Ali Talukdar VS Union Of India - 2022 0 Supreme(Gau) 549. Mere denial or a statement in a written statement does not suffice Minati Bhadra VS Dilip Kr. Bhadra - 2023 0 Supreme(Cal) 1573 Karewwa VS Hussensab Khansaheb Wajantri - 2001 6 Supreme 18202.
Credible Evidence Needed: This includes documents, witness testimony, or other proof showing fraud or error. For example, in Karewwa and others v. Hussenab Khansaheb Wajantri, the appellant failed to produce evidence, so the presumption held Minati Bhadra VS Dilip Kr. Bhadra - 2023 0 Supreme(Cal) 1573.
Not Conclusive Proof of Title: Revenue records raise a presumption of possession and correctness but do not confer title Monir Uddin Ahmed, Son Of Late Abbas Ali @ Abbas Ali Talukdar VS Union Of India - 2022 0 Supreme(Gau) 549.

High Courts echo this. In a Punjab case, The entry in the revenue record no doubt carries a presumption of correctness which is rebuttable Jagdish @ Jagdish Parshad VS Gram Panchayat - 2020 Supreme(P&H) 637. Similarly, No doubt, revenue record carries a presumption of truth, however such presumption is rebuttable presumption Dholan Singh VS Ilyas - 2018 Supreme(P&H) 1434.

Judicial Precedents: Supreme Court Insights

Supreme Court in Sri Pratap Singh (2020)

The apex court emphasized: the presumption of correctness can apply only to genuine, not forged or fraudulent, entries Monir Uddin Ahmed, Son Of Late Abbas Ali @ Abbas Ali Talukdar VS Union Of India - 2022 0 Supreme(Gau) 549. Courts must evaluate evidence to distinguish genuine from fabricated entries.

Karewwa v. Hussenab Case

Here, the presumption of the correctness of an entry in the revenue record cannot be rebutted by a statement in the written statement Minati Bhadra VS Dilip Kr. Bhadra - 2023 0 Supreme(Cal) 1573. Concrete proof is essential.

Karnataka Land Reforms Act Context

Mere statement of fact in the written statement is not a rebuttal of presumption of correctness of an entry in revenue record Karewwa VS Hussensab Khansaheb Wajantri - 2001 6 Supreme 18202. This reinforces the evidentiary threshold.

Integrating Analogous Principles from Other Presumptions

While focused on revenue records, similar rebuttable presumptions appear in other laws, offering broader context. Under the Negotiable Instruments Act, Section 139 presumes a cheque was issued for a debt, but the presumption under Section 139 is a rebuttable presumption and requires the accused to raise a probable defense on preponderance of probabilities Pramodkumar Chhotalal Vyas VS State of Gujarat Raju Saha VS State of West Bengal - 2024 Supreme(Cal) 1359. Mere denial fails, mirroring revenue challenges Mallikarjuna S. E. S/o. Mr. Eregowda VS Murali. M S/O. Sri. M. Mani - 2023 Supreme(Kar) 1035.

In civil procedure, presumptions of service can be rebutted by defendant evidence Geeta Pandey VS Raghvendra Datt Ram Pandey - 2023 Supreme(All) 2298. These parallels highlight a consistent judicial approach: presumptions shift the initial burden but yield to strong counter-evidence.

Exceptions: When Presumption Fails Automatically

Fraudulent or Forged Entries: No presumption attaches; courts readily accept proof of falsity Monir Uddin Ahmed, Son Of Late Abbas Ali @ Abbas Ali Talukdar VS Union Of India - 2022 0 Supreme(Gau) 549.
Admission by Party: Can rebut, as in cases where possession is admitted despite records Prem (deceased) VS Smt. Umavati - 2018 Supreme(P&H) 4610.
Local Commissioner Reports: Insufficient alone to rebut government-backed mutations Uma Singla VS Chhachhrauli Harijan Co-op & Farming Soc. Ltd. - 2015 Supreme(P&H) 809.

In tenancy disputes, revenue entries alone don't prove tenancy without evidence of agreement Dholan Singh VS Ilyas - 2018 Supreme(P&H) 1434 Jagdish @ Jagdish Parshad VS Gram Panchayat - 2020 Supreme(P&H) 637.

Practical Recommendations for Litigants

To successfully challenge revenue records:- Gather Tangible Evidence: Sale deeds, prior mutations, witness statements, or forensic analysis for forgeries.- Avoid Bare Denials: Courts dismiss unsupported pleadings Karewwa VS Hussensab Khansaheb Wajantri - 2001 6 Supreme 18202.- File Promptly: Seek corrections via revenue authorities or suits under Specific Relief Act.- Scrutinize Genuineness: Prove fabrication to bypass presumption entirely Monir Uddin Ahmed, Son Of Late Abbas Ali @ Abbas Ali Talukdar VS Union Of India - 2022 0 Supreme(Gau) 549.

Courts urge careful evidence evaluation before upholding or rejecting presumptions.

Conclusion and Key Takeaways

The presumption of revenue record correctness is a valuable starting point but eminently rebuttable with credible evidence. Supreme Court rulings like those in Monir Uddin Ahmed, Son Of Late Abbas Ali @ Abbas Ali Talukdar VS Union Of India - 2022 0 Supreme(Gau) 549 and Minati Bhadra VS Dilip Kr. Bhadra - 2023 0 Supreme(Cal) 1573 provide clear guidance: burden lies on the challenger, and success demands proof beyond words.

Key Takeaways:- Presumption applies to genuine entries only Monir Uddin Ahmed, Son Of Late Abbas Ali @ Abbas Ali Talukdar VS Union Of India - 2022 0 Supreme(Gau) 549.- Mere denial fails; evidence is key Minati Bhadra VS Dilip Kr. Bhadra - 2023 0 Supreme(Cal) 1573.- Not title documents, just presumptive possession Monir Uddin Ahmed, Son Of Late Abbas Ali @ Abbas Ali Talukdar VS Union Of India - 2022 0 Supreme(Gau) 549.- Analogies from NI Act reinforce evidentiary standards Pramodkumar Chhotalal Vyas VS State of Gujarat.

Note: This is general information based on judicial precedents and not specific legal advice. Consult a qualified lawyer for your case.

References:1. Monir Uddin Ahmed, Son Of Late Abbas Ali @ Abbas Ali Talukdar VS Union Of India - 2022 0 Supreme(Gau) 549: Supreme Court on rebuttable presumption for genuine entries.2. Minati Bhadra VS Dilip Kr. Bhadra - 2023 0 Supreme(Cal) 1573: Mere statements insufficient to rebut.3. Karewwa VS Hussensab Khansaheb Wajantri - 2001 6 Supreme 18202: Burden on challenger.4. State of A. P. VS Star Bone Mill & Fertiliser Co. - 2013 0 Supreme(SC) 182: General rebuttable presumption principles.5. Jagdish @ Jagdish Parshad VS Gram Panchayat - 2020 Supreme(P&H) 637, Dholan Singh VS Ilyas - 2018 Supreme(P&H) 1434: High Court affirmations on rebuttability.

#RevenueRecords #RebuttablePresumption #LandLawIndia

Mallikarjuna S. E. S/o. Mr. Eregowda VS Murali. M S/O. Sri. M. Mani - 2023 Supreme(Kar) 1035

Sharma Carpets, this Court reiterated that there is a presumption that every negotiable instrument duly executed, is for discharge of a debt or liability, but the presumption is rebuttable by proving the contrary. ... Mere denial of the transaction would not enure the benefit of rebuttable presumption to the petitioner in any way. To rebut the presumption, the petitioner has to raise a probable defence that is believable and acceptable. 10. ... Needless to mention that the pr....

Geeta Pandey VS Raghvendra Datt Ram Pandey - 2023 Supreme(All) 2298

From the record, it appears that presumption of service was indicated by the trial court vide order dated 25.02.2020 which in turn indicates presumption of service on the basis that Registry receipt was on record indicating notices having been issued at the correct address and upon the correct person ... It is submitted that the impugned orders have been passed on the basis of material on record which clearly does not rebut the said presumption. ... However, as has been indicated herei....

Nokhai VS D. D. C. - 2024 Supreme(All) 2231

The presumption of truth attached to the revenue record can be rebutted if such entry was made fraudulently or surreptitiously [Vishwa Vijay Bharati v. ... As discussed above, it is not the case of petitioner that revenue records were not genuine or forged or that fraudulent entries were made. Presumption of correctness of revenue record could not be rebutted. 35. ... It is true that the entries in the revenue record ought, general....

Dinesh Dixit VS State of U. P. - 2024 Supreme(All) 1189

The rebuttable nature of presumption under Section 139 was again considered in Anss Raja Shekhar v. ... The expression “unless the contrary is proved” indicates that the presumption under Section 139 of the Act is rebuttable. ... While Section 138 of the Act specifies a strong criminal remedy in relation to the dishonour of cheques, the rebuttable presumption under Section 139 is a device to prevent undue delay in the course of litigation. ... When a presumption is #H....

MS MAM RAJ RAMESHS CHAND AGGARWAL vs STATE - 2025 Supreme(Online)(HP) 8726

The presumption under Section 139 is a rebuttable presumption, and the onus is on the accused to raise the probable defence. The standard of proof for rebutting the presumption is that of preponderance of probabilities. 25.3. ... Act mandates a presumption that the cheq ue was for the discharge of any debt or other liabfility. It has, however, been held that the presoumption under Section 139 is a rebuttable presumption and the onus is on the accused to raise the pr....

Vinita Mishra VS Naved - 2023 Supreme(MP) 477

Presumption under Section 139 of N.I.Act is rebuttable. ... Non-payment of income tax is a matter between the revenue and assessee and no adverse inference can be drawn in this regard only because of absence of Income Tax Return. 12. ... There is a presumption under Section 139 of N.I.Act in favour of the non-applicant, therefore, to rebut such presumption, these documents are relevant. For this purpose, he also placed reliance on the judgment delivered by the apex Court in the case of K. Subramani Vs. ....

VIKRAM SINGH AANJANA VS PRAKASHCHANDRA SOLANKI - 2024 Supreme(MP) 273

The presumption under section 139 is a rebuttable presumption and the onus is on the accused to raise the probable defence. The standard of proof for rebutting the presumption is that of preponderance of probabilities. 25.3. ... As noted in the citations, this is of course in the nature of a rebuttable presumption and it is open to the accused to raise a defence wherein the existence of a legally enforceable debt or liability can be contested. ... When a presumption i....

Raju Thakur vs The State of Jharkhand - 2024 Supreme(Online)(HC) 2401

It has been held by the Hon’ble Supreme court that presumption under Section 139 of the N.I. Act is a rebuttable presumption and onus is on the accused to raise the probable defence. ... Act mandates a presumption that the cheque was for the discharge of any debt or other liability. It has however been held that the presumption under Section 139 is a rebuttable presumption and the onus is on the accused to raise the probable defence. ... Para-26:- A statutory #HL_ST....

Jagdish @ Jagdish Parshad VS Gram Panchayat - 2020 Supreme(P&H) 637

It is established that the revenue entries are in favour of a dead person. Hence, the plaintiff is not proved to be in actual physical possession of the land. Thus, the plaintiffs are also not proved to be in possession. The entry in the revenue record no doubt carries a presumption of correctness which is rebuttable.

Prem (deceased) VS Smt. Umavati - 2018 Supreme(P&H) 4610

8. As regards the first submission of the learned counsel with respect to possession, it may be noted that the grievance of the plaintiff is to the effect that since revenue record has not been corrected as per the registered sale deed, therefore, the dispute has arisen. In the present case, the aforesaid presumption stands rebutted in view of the factum of delivery of possession having been recorded in the sale deed dated 05.06.1974 and also from admission of possession by Prem Singh in the previous litigation filed by Subhash. Still further, Prem has not appeared in evidence to face cross-....

Dholan Singh VS Ilyas - 2018 Supreme(P&H) 1434

In the present case, in view of the admission made by the plaintiff, the presumption stood rebutted. No doubt, revenue record carries a presumption of truth, however such presumption is rebuttable presumption. However, the contract of tenancy has to be proved by leading cogent evidence.

Shimla Rani VS Manoranjan @ Manoranjana Randhawa - 2017 Supreme(P&H) 1656

The law is well settled that entries in the revenue record raise rebuttable presumption. Reliance in this regard is placed upon the Full Bench decision of this Court in Ram Chander Vs. Bhim Singh and others, 2008 (3) RCR (Civil) 685, wherein it has been held as under :-

Uma Singla VS Chhachhrauli Harijan Co-op & Farming Soc. Ltd. - 2015 Supreme(P&H) 809

Though presumption of truth is attached to revenue record but it is rebuttable. A Local Commissioner's report cannot be used to rebut the presumption with respect to the mutation based on a transaction involving none other than the Government settling landless Harijans through a cooperative society and farming society on the land. It is well settled that the evidence cannot be gathered through the aegis of the Local Commissioner and right, title or interest to property be made dependent on his work to make the report.