Relevant law and procedure as to the entries in Register of Record of Rights are incorporated and after crossing what threshold they qualify for the presumption of correctness.

According to Rule 7.1 of the Land Record Manual, in accordance with sections 33(3) and 34 of the Land Revenue Act, the mutation register serves as the repository for recording various acquisitions of rights or interests in land, be it as a landowner, assignee, or occupancy tenant. Nonetheless, it's imperative to note that the mutation register is distinct from the record-of-rights and consequently does not benefit from the legal presumption of truthfulness commonly associated with the latter. For the procedure concerning mutations of ownership or occupancy rights, inclusive of voluntary partitions, the Patwari is obligated to make requisite entries into the mutation register once such mutations are duly reported to him by the transferee.

In accordance with Rule 7.2 of the Land Record Manual, when a mutation case is registered, the Patwari is required to annotate the relevant jamabandi entry with the mutation's serial number and type, initially in pencil. Upon approval of the mutation, the notation is to be made permanent in red ink. Similarly, serial numbers of fard badar entries are to be noted, and to distinguish them from regular mutations, the term "badar" should be appended.
Under Rule 7.56 of the Land Record Manual, Tehsildars and Naib-Tehsildars are mandated to prioritise estates for which new detailed jamabandis are to be created. Mutations with final orders passed up to 15th June, or any later date authorised by the Director of Land Records, must be incorporated into the jamabandi. The objective is to ensure all mutations up to that specified date are duly entered in the register and attested accordingly.
In accordance with Rule 7.60 of the Land Record Manual, the field Kanungo is required to check and attest 100% of the Periodical Records during July and August. The focus is to ensure that mutations finalised by June 30th, or any other approved date, have been accurately reflected. On the other hand, under Rule 7.62, the Tehsildar or Naib-Tehsildar must validate a minimum of 25% of the khatauni and khewat holdings as well as 25% of the mutations linked to the jamabandis, executing these checks on site and in the presence of the respective right-holders.
It may be noted that Register Haqdaran Zameen/Jamabandi form has 10 columns. It is prepared after every four years. The name of owners is mentioned in Column No. 3. The owners can transfer a property through mutation. During the four years transfer of property through mutation continues by the persons mentioned as owners in Column No. 3. Every entry of mutation is endorsed in this document. The person who intends to acquire rights in the property mentioned in the ownership column of this document is required to report the matter to the Patwari Halqa concerned who records events in his Roznamcha and the Roznamcha is maintained serial-wise and a date of event is mentioned on each Roznamcha. After recording the event in the Roznamcha the Patwari enters a mutation on the basis of the Roznamcha. After recording mutation the reference of mutation number is made in this document with a pencil and after the attestation of the mutation the noting of pencil is replaced with noting through red ink. This practice continues for four years and on 30th June after every four years all the mutations attested during the said four years are implemented in Column of ownership and the mutation number mentioned through red ink in Column No. 10 are replaced with black ink which remains there for four years and same are removed after completion of four years. If the existing owner sells whole of his property, his name is removed, otherwise, the share he sells to that extent the new owner becomes owner to the extent of purchase of share in the column of ownership. Same is the procedure of correction of revenue record through Fard Badar.
It may be noted that s. 52 of the Punjab Land Revenue Act 1967 confers presumption of correctness in favour of entries in records-of-rights and periodical records only when they are made as per law.

C.A.170/2017
Hasham Khan (decd) thr. his LRs v. Waheed Ahmed
Mr. Justice Amin-Ud-Din Khan
07-06-2023










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