AI Overview...
Importance of Khasra Girdawari
Main Points and Insights
-
Evidence of Cultivation and Possession: Khasra Girdawari records are crucial in establishing land cultivation and possession. They are often used as supporting evidence in land disputes and rights claims. For example, in cases where possession is supported by entries in Girdawari, courts have relied on these records to affirm rights (e.g., Mai Chand VS Rampal (Deceased) Through Lrs - Delhi, Ram Rakha VS Chairman, J&K Special Tribunal - Jammu and Kashmir).
-
Not a Record of Rights: Khasra Girdawari is not considered a definitive record of land rights or ownership. Its probative value can be challenged, and errors can be proved, making it a secondary piece of evidence (Ami Lal VS Budha - Rajasthan, Rajdip Singh VS Joginder Kaur - Punjab and Haryana).
-
Presumption of Correctness and Procedure for Changes: Entries in Girdawari are presumed correct unless objected to. Changes require proper procedure, including giving an opportunity to be heard and conducting on-spot inquiries, as emphasized by legal provisions (Syed Manzoor Ahmad VS Special Tribunal, J&K - Jammu and Kashmir).
-
Limitations and Errors: The records can contain inaccuracies, such as incorrect names or entries of trespassers ('Atikramani'), which courts have noted should not be given undue importance if contrary evidence exists (Col. Mohan Singh : Narendra Singh VS The State Of Rajasthan - Rajasthan, Shreyansh Daga VS State of Rajasthan - Rajasthan, Rajdip Singh VS Joginder Kaur - Punjab and Haryana).
-
Use in Land Transfer and Mutation Cases: Khasra Girdawari is used to support claims for land transfer, correction of entries, or mutation, but its importance varies depending on the context and other supporting evidence (Mohinder Singh VS State Of Punjab - Supreme Court, Ram Gopal VS State of Rajasthan - Rajasthan).
Analysis and Conclusion
Khasra Girdawari holds significant evidentiary value in establishing cultivation, possession, and factual occupancy of land, especially in disputes and claims under land laws. However, it is not a definitive record of rights, and its entries can be contested or corrected through proper legal procedures. Courts often treat it as a valuable but secondary piece of evidence, emphasizing the need for corroboration with other documents and records. Its importance is context-dependent, especially in matters of possession, mutation, and land transfer cases.
References: - Rajdip Singh VS Joginder Kaur - Punjab and Haryana - Ami Lal VS Budha - Rajasthan - Sher Singh VS Kewal Krishan - Punjab and Haryana - Ram Rakha VS Chairman, J&K Special Tribunal - Jammu and Kashmir - Mai Chand VS Rampal (Deceased) Through Lrs - Delhi - Ram Gopal VS State of Rajasthan - Rajasthan - Syed Manzoor Ahmad VS Special Tribunal, J&K - Jammu and Kashmir - Col. Mohan Singh : Narendra Singh VS The State Of Rajasthan - Rajasthan - Shreyansh Daga VS State of Rajasthan - Rajasthan - Mohinder Singh VS State Of Punjab - Supreme Court
Search Results for "Importance of Khasra Girdawari"
1990 0 Supreme(P&H) 442 • India - Punjab and Haryana
A.L.BAHRI
Much importance cannot be attached to the Khasra Girdawari entries produced in this case. ... Exs.0 9 and 0.10 relating to the year 1953-64, to 1967-68 and 1968-69 to 1972-73. respectively, wherein names of Gajinder Singh and Rajdip Singh as tenants on payment of 1/2 batai ware mentioned and subsequently their names disappeared Exhibit 0.12 is Khasra Girdawari for the year 1977-78 and Exhibit
1986 0 Supreme(Raj) 115 • India - Rajasthan
I.S.ISRANI
He has further stressed that the Khasra Girdawari is neither record of rights nor the annual register. Therefore, the same has no importance as held in Shri Panne Singh Vs. Guman Singh (4). ... The case of the plaintiff-respondent is that he was Biswedar and had mortgaged with possession Khasra No. 390 to the appellant for a sum of Rs. 400/- on 27.4.1955 and a copy of the mortgage deed was registered on 2.5.1955. ... Other Khasra No. 711/531 was also mortgaged with the appellant on 21.10.1952 with posse....
1996 0 Supreme(P&H) 1390 • India - Punjab and Haryana
R.L.ANAND
Exhibit P3 is the Khasra Girdawari of Kharif 1977 and Rabi 1978. ... Exhibit P5 is the Khasra Girdawari of Kharif 1978 and Rabi 1979. ... Apart from that, there is no basis for the change of the Khasra Girdawaries in the name of the plaintiff. We all know that no pre-emption of truth is attached to Khasra Girdawari under Section 44 of the Punjab Land Revenue Act. The probative violating a Khasra Girdawari can be shown as erroneous. ....
1992 0 Supreme(J&K) 114 • India - Jammu and Kashmir
R.P.SETHI
For determination of the rights under the 2007 Act, Khasra Girdawaris of Rabi 2004, is of great importance in view of the definition of "tiller" as given in Sec. 2 (d) of the Said Act. ... A perusal of Khasra Girdawari, in the instant case, shows that Khasra No, 46 (7 kanals 11 marlas) is shown to be in cultivating possession of Lachhu, the predecessor-in-interest of respondents 4 to 9 to the extent of 4 kanals 11 marlas. ... Kharif 2007 entry of Khasra Gird....
2018 0 Supreme(Del) 2271 • India - Delhi
RAJIV SAHAI ENDLAW
Girdawari. ... It emphasized the importance of revenue records and statutory maintenance of land cultivator records in determining possession. ... /plaintiff had established possession and bhumidhari rights over the land, supported by evidence such as passbook, Khatoni, and Khasra ... Girdawari in relation to the subject land and which proceedings were pending before the Sub Divisional Magistrate, Punjabi Bagh, Delhi; (vi) that the entries in the name of the respondent/plaintiff in the Khasra ....
1997 0 Supreme(Raj) 1504 • India - Rajasthan
M.A.A.KHAN
Girdawari. ... appellant, a Patwari, was accused of demanding and accepting a bribe of Rs. 100 from a villager, Nand Ram, for issuing a copy of Khasra ... PW/1 Nand Ram, an agriculturist resident within his Halqa stood in need of the copy of Khasra girdawari for four years in respect of Khasra No. 650, which was though recorded as 'Charagah' in Revenue record yet was in possession of the said agriculturist. ... The main question for determination in the case, therefore, is whether the currency notes so ....
2007 0 Supreme(J&K) 157 • India - Jammu and Kashmir
AFTAB ALAM, HAKIM IMTIYAZ HUSSAIN
Qayoom provides that a Tehsildar can change the entries in Khasra Girdawari only after giving an opportunity of being heard to all the concerned on an enquiry conducted on spot in respect of such mutation. ... Under the scheme of the Act and the rules made there under, there is initial presumption of correctness as regards the entries in Girdawari of Karief 1971 unless the same are objected to by any person. ... aspects debated at bar, are purely factual, which may not be gone into these proceedings nor could they perhaps be addressed by ....
1981 0 Supreme(Raj) 276 • India - Rajasthan
K.D.SHARMA
No importance can be attached to the word 'Atikramani' i.e. trespasser used by the Patwari in these entries of Khasra Girdwari of Samvat year 2019 and 2020 for the simple reason that in Samvat year 2018 Col. Mohan Singh was not recorded as a trespasser over this land. ... Hence, it is evident from the record of the Khasra Girdawari that in Samvat year 2021 Col. Mohan Singh had been in cultivatory possession of the land under controversy. ... It is not disputed before me that prior to April 6, 1964, on w....
2013 0 Supreme(Raj) 217 • India - Rajasthan
VINEET KOTHARI
No importance can be attached to the word 'Atikaramani' i.e. trespasser used by the Patwari in these entries of Khasra Girdwari of Samvat year 2019 and 2020 for the simple reason that in Samvat year 2018 Col. Mohan Singh was not recorded as a trespasser over this land. ... Hence, it is evident from the record of the Khasra Girdawari that in Samvat year 2021 Col. Mohan Singh had been in cultivatory possession of the land under controversy. ... It is not disputed before me that prior to April 6, 1964, on ....
1977 0 Supreme(SC) 240 • India - Supreme Court
S.MURTAZA FAZAL ALI, N.L.UNTWALIA
1955 - Claim Transfer - Claim of appellant - Appellant applied for allotment of certain Urban Agricultural Land bearing various Khasra ... But he did not attach any importance to it. ... On the 1st of September, 1973 he filed an application before the Revenue authority for correction of the entry in Khasra Girdawari by recording his name therein. ... The Naib Tehsildar, Jullundur by his order dated the 6th February, 1974 (Annexure 3) directed the correction of the Khasra Girdawari for ....
Filter by Legal Phrase
