Section 8 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
8. Record of rights of ordinary tenants.
(1)As soon as may be after this act comes into force the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule Ill, Clause 1.] shall cause a list of persons, other than [permanent tenants,] [These words were substituted for the words 'occupancy tenants and protected lessees' Schedule Ill, Clause 5 (1) (a).] who are deemed to be tenants under sub-section (1) of Section 6 to be prepared for entry in the Record of Rights in accordance with the provisions of [Chapter X-A] [The word, figure and letter were substituted for the word and figures 'Chapter IX', Schedule Ill, Clause 5 (1) (b).] of the Code.(2)After such list is prepared it shall be published in the prescribed manner and if no application is made by the landlord or the tenant or any other person interested within a period of six months of the date of such publication disputing the correctness or omission of any entry, such list shall be final.(3)If an application is made to the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule Ill, Clause 1.] by the landlord or the tenant or any other person interested in the prescribed manner within the aforesaid period, disputing the correctness or omission of such entry, the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule Ill, Clause 1.] shall decide the dispute in accordance with the provisions of sub-section (2) of Section 100 of this Act and such decision subject to appeal or revision under this Act shall, [* * * * *] [The words 'notwithstanding Section 106 of the Code' were deleted, Schedule Ill, Clause 5 (2).] be final.(4)In deciding the question referred to in sub-section (3), the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] shall, notwithstanding anything contained in Section 92 of the Indian Evidence Act, 1872 (I of 1872), or in Section 49 of the Indian Registration Act, 1908 (XVI of 1908), or in any other law for the time being in force, have power to inquire into and determine the real nature of the transaction and shall be at liberty, notwithstanding anything contained in any law as aforesaid, to admit evidence of any oral agreement or a statement or unregistered document with a view to such determination.
