Law:

Section:

(a) Record of rights Entries presumed to be correct Burden on person alleging contrary Bengal Tenancy Act (VIII of 1885), S. 103 B (5). One who alleges against the correctness of the entries in the record of rights has got to prove that the relevant entries are wrong. The presumption of correctness, as available on the strength of section 103 B (5) of the Bengal Tenancy Act, 1885, has got to be rebutted by the person who alleges against it. (b) Civil Procedure Code (V of 1908), S. 100 Finding by lower Appellate Court that presumption of correctness of entries in record of rights has not been rebutted'=Finding of fact. THIS JUDGMENT DELIVERED BY: ASIR, JUSTICE---.--- This appeal arises out of a suit for confirmation of possession on the ground that the principal defendant in collusion with the pro forma defendants threatened to dispossess the plaintiffs in Chaitra, 1355 B. S., with respect to the disputed plot No. 210/489, although the plaintiffs were in exclusive possession of the same by right of inheritance. 2. The defence, inter alia, was that the principal defendant took a patta from the co sharers of the plaintiffs on or about the 22nd December, 1921, and plaintiff No. 1, being an identifier as also a witness in regard to the said document, was bound by the admissions made therein. It was also contended that the relevant entries in the C. S. Khatian were wrong and that the plaintiffs came with a false story to set up a title on the basis of such wrong entries in the C. S. Khatian. 3. The learned Munsif, on a reference to the relevant C. S. Map and the C. S. Khatain, took the view that the area in the disputed plot appeared to be larger than the area in the main C. S. Plot No. 210. He also found that the plaintiffs were not in exclusive possession as alleged and that, as such, the relevant entries in the C. S. records were wrong. In this view of the matter, the suit was dismissed. 4. On an appeal preferred by the plaintiffs, the learned Subordinate Judge held that, for want of a local investigation, the identity of the relevant plot in the patta, Exh. B, as set up by the contesting defendants, could not be connected with the disputed plot No. 210/489. It…

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