Do revenue entries such as Jamabandis and Khasra Girdawaris create or extinguish title?
Coram: Justice Prashant Kumar Mishra · Justice Shree Chandrashekhar
Revenue entries such as Jamabandis and Khasra Girdawaris are relevant evidence of possession but do not create or extinguish title.
No. Revenue entries are relevant evidence of the nature and continuity of possession, but they neither create nor extinguish title to immovable property; the question of ownership must be determined on the basis of substantive evidence establishing the source of title.
Code of Civil Procedure, 1908 — s.100 — Second appeal — Property — Revenue records — Title — Dedication — Adverse possession — Evidence — Revenue records — Proof of possession, not title — Held: Revenue entries such as Jamabandis and Khasra Girdawaris are relevant evidence of possession but do not, by themselves, create or extinguish title, which must be established through substantive evidence of its source. (¶23) Property — Dedication to a religious institution — Burden of proof — Held further: The burden of establishing a valid dedication of property to a religious institution lies on the party asserting it, which must show a clear and unequivocal intention to permanently divest ownership. (¶25) Limitation Act, 1963 — Adverse possession — Hostile animus required — Held further: Adverse possession requires actual, open, continuous and hostile possession denying the true owner's title, not mere long possession from a lawful or permissive origin. (¶28, 31) Code of Civil Procedure, 1908 — s.100 — Concurrent findings — Misapplication of law — Held further: Concurrent findings of fact are not immune from interference in second appeal where vitiated by a misapplication of law or an erroneous understanding of settled legal principles; appeal dismissed, the finding of adverse possession set aside. (¶40, 43, 44)
Headnote
You've used your free headnotes this month
The answer above and the Court's own paragraphs stay free. LexStreak's full headnote on this judgment needs an account — a free one opens it again.
Create my free accountOne judgment a day. That's the whole habit.
Read the full text of BHAG SINGH (D) THR. MAHANT KASHMIR SINGH v. BASANT KAUR (D) THR. LRS. AND OTHERS — and get the Supreme Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.
Create my free accountFree forever plan · 30 seconds · data stays in India