Law: Land Acquisition Act, 1894

Section: 18

Law: Qanun-e-Shahadat (10 of 1984)

Section: 100

(a) Land Acquisition Act (I of 1894)--- ----S. 18---Qanun-e-Shahadat (10 of 1984), Art. 100---Reference to court---Compensation, enhancement of---Presumption as to documents thirty years old---Making of that part of periodical records which relates to land-owners---Dispute regarding ownership, determination of---Scope claimed ownership of certain survey numbers of land acquired by the acquiring agency and alleged that mutation was also attested in favour of their predecessor on the basis of registered sale deed, however, the revenue record was destroyed in the liberation war and that the names of predecessors of appellants were wrongly entered in the revenue record as owners---Referee Judge dismissed the reference for want of proof, however, the High Court allowed the appeal---Validity---Original sale deed was produced by the respondents before the Referee Judge and perusal of the same revealed that mutations were attested on its basis---None of the attesting witnesses of the sale deed were alive, therefore, it was difficult to produce those witnesses before the Referee Judge---Sale deed was a registered document and had also come from proper custody, therefore, High Court had rightly accepted the same on the touchstone laid down in Art. 100 of Qanun-e-Shahadat, 1984, which postulated that where a document was 30 years old and was also produced from proper custody, it would be presumed to have been executed properly---Revenue record pertaining to the villages was destroyed in the liberation war---Subsequent record had no presumption of truth which was maintained by the revenue officials only for day to day business, however, in the recent settlement, the respondents had not got entered the sale deed but the same did not affect their title---Sale deed which was duly registered in accordance with law could not be refused to be acknowledged merely on the ground of delay---Fact that the appellants had not claimed any enhancement of the compensation either by filing a reference before the High Court also led to the conclusion that they by their conduct had admitted the ownership of the respondents over the said land---Dispute regarding the question of title could be…

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