PRESUMPTION OF ENTRIES IN REVENUE RECORD - HOW FAR BE PRESUMED

In a case before Karnataka High court in Bhimappa Channappa Kapali (Deceased) By L.Rs And Ors. vs Bhimappa Satyappa Kamagouda And Ors (ILR 2002 KAR 3055,) it is vehemently held that “Though Section 133 of the Karnataka Land Revenue Act which deals with presumption regarding entries in the records providing that an entry in the record of rights and a certified entry in the register of mutations or in the patta book shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor, before that presumption could be raised it should be shown that such entries are duly certified entries under Section 129 and thereafter such entries are made in the record of rights. Prior to the making of the entries in the name of the appellant, the entries in the revenue records stood in the name of Gerappa, the husband of Shivawwa. After the death of Gerappa, Shivawwa has executed a registered gift deed in favour of the first respondent. However, first respondent acquired a right in the land in question by virtue of a registered document. The registering authority under Section 128 of the Land Revenue Act is obliged to inform the concerned revenue authorities about the acquisition of right by first respondent in the land in question. Before a change of entry is made, the revenue authorities were under an obligation to notify the owner of the land in question and only after hearing his objections and after enquiry and passing an order in the prescribed manner they shall certify the entry and thereafter make the necessary entry in the register of mutations. If entries are made in this manner after complying with the provisions of Sections 128 and 129, under Section 133 the Court shall presume such entries to be true until the contrary is proved. In the instant case before altering the entries admittedly no notice was given to the first respondent, no enquiry has been held and the proceedings pending between the parties make it clear that the entries made in the revenue records are illegal and these facts and circumstances are sufficient to rebut such presumption.”