Law: Evidence Act, (1 of 1872)

Section: 91

Law: Civil Procedure Code (V of 1908)

Section: 11

Law: Punjab Land Revenue Act, 1887

Section: 44

(a) Evidence Act (I of 1872), -----S. 91-Bar of section operates against terms of sale not against who were parties to sale transaction-Particular khasra numbers of a joint khata sold by registered deed by one co-sharer-Vendees, by mistake of revenue officer, entered as sole owners in revenue records-Aggrieved co­-sharers may rebut entry independently of the deed of sale. One Z owned a 3/4th share in a joint khata; the other co-sharers the remaining 8/4th. Z sold 40 kanals (present khasra No. 60) of the joint khata to D, and, by the mistake of a revenue officer, D, instead of being entered as a vendee in the cultivation column only was entered as a sole owner of the 40 kanals in the ownership column. (Under the rules contained in the Land Records Manual whenever a co-sharer in a joint khata sells particular khasra numbers the sale is entered only in the cultivation column showing the names of the vendor and the vendee and the ownership column remains unchanged.) The names of other co-sharers having been thus dropped out of joint ownership of the 40 kanals, they brought a suit claiming their 8/4th share in the whole khata. It was con­tended by the defendants that as the original sale-deed had not been proved, the Court could not take into consideration other revenue records relied upon by the plaintiffs, by reason of the bar of section 91, Evidence Act. Held, that the revenue records could not be excluded from evidence. In the first place the question was not of the terms of sale but, of the persons who were parties to the sale. Secondly the plaintiffs had simply to lead evidence to rebut the entry in the revenue records with respect to the land in question. It was not necessary for them to prove positively that the sale was by Z alone. (b) Punjab Land Revenue Act (XVII of 1887), ------S. 44-New entry in revenue record illegal-Old entry remains in operation. Once an entry in revenue record is proved to be illegal, the previous entry is deemed to stand, for an entry subsists till a new one is lawfully substituted for it. (c) Res-judicata-Operation-Parties to two suits need not be exactly identical-Principle will operate between parties between whom matter was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492