40. Settlement of disputes as to entries in annual register. -
(1)All disputes regarding entries in the annual registers shall be decided on the basis of possession.(2)If in the course of inquiry into a dispute under this Section the [Tahsildar] [Substituted by U.P. Act No. 1 of 1951.] is unable to satisfy himself as to which party is in possession, he shall ascertain by summary inquiry who is the person best entitled to the property and shall put such person in possession.(3)[* * *] [Omitted by U.P. Act No. 10 of 1961.]Explanation. - The term 'possession' in this Section means possession based on succession or transfer.[40A. Saving as to title suits. - No order passed under Section 33, Section 35, Section 39, Section 40, Section 41 or Section 54 shall bar any suit in a competent Court for relief on the basis of a right in a holding.] [Substituted by U.P. Act No. 35 of 1970.]
