RELAVANCE OF SPOT INSPECTION REBUTING PRESUMPTION OF REVENUE ENTRY

Mohan Balaku Patil & Ors. vs Krishnoji Bhaurao Hundre AIR 1999 SC 1114, JT 1999 (1) SC 183, 1999 (1) SCALE 191 When in fact the Tribunal made local enquiry by spot inspection and had come to the conclusion that the appellants were in possession that factor should have weighed with the appellate authority, particularly in the face of the admission made by the respondent that the appellants had constructed the building on the land and were paying charges in respect of the electric pump set used for irrigating the land and ought to have held that the appellants were cultivating the land. In addition, the land in question was shown not to be cultivated by the respondent as the respondent was residing nowhere the land but at a far away place and that the land was not cultivated personally by the owner and the persons cultivating the land were not members of their family nor there was any evidence that the appellants were servants or hired labourers on wages and ought to have on that basis held the appellants as deemed tenant in respect of the land. The presumption arising under Section 133 of the Act in respect of the entries made in the record of rights stood displaced by the finding of fact recorded that the appellants were in actual possession of the land and were cultivating the same. In the face of such an admission made by the respondent it is difficult to accept the finding recorded by the appellate authority as affirmed by the High Court that in view of the entries made in the record of rights the appellants could not be stated to be in possession of the land on the relevant date nor was cultivating the same.