(1)As soon as may be after this Code comes into force, the [Sub-Divisional Officer] [Substituted by M.P. Act No. 24 of 1961 (w.e.f. 23-6-1961).] shall, in the prescribed manner, ascertain and record the customs in each village in regard to-(a)the right to irrigation or right of way of other easement;(b)the right to fishing;in any land or water not belonging to or controlled or managed by the State Government or a local authority and such record shall be known as the Wajib-ul-arz of the village.(2)The record made in pursuance of sub-section (1), shall be published by the [Sub-Divisional Officer] [Substituted by M.P. Act No. 24 of 1961 (w.e.f. 23-6-1961).] in such manner as may be prescribed.(3)Any person aggrieved by any entry made in such record may, within one year from the date of the publication of such record under sub-section (2), institute a suit in a Civil Court to have such entry cancelled or modified.(4)The record made under sub-section (1) shall, subject to the decision of the Civil Court in the suit instituted under sub-section (3), be final and conclusive.(5)The [Sub-Divisional Officer] [Substituted by M.P. Act No. 24 of 1961 (w.e.f. 23-6-1961).] may, on the application of any person interested therein or on his own motion, modify an entry or insert any new entry in the Wajib-ul-arz on any of the following grounds(a)that all persons interested in such entry wish to have it modified; or(b)that by a decree in a civil suit it has been declared to be erroneous; or(c)that being founded on a decree or order of a Civil Court or on the order of a Revenue Officer it is not in accordance with such decree or order; or(d)that being so founded, such decree or order has subsequently been varied on appeal, revision or review; or(e)that the Civil Court has by a decree determined any custom existing in the village.
