Section 5 in The Rajasthan Lands Summary Settlement Act, 1953
5. Survey.
(1)For the purpose of the summary settlement under this Act of unsettled lands and holdings in the area in respect of which a notification under sub-section (1) of section 3 has been published, the Settlement Officer shall determine the extent of such lands and holdings-(i)on the basis of the existing maps, field books and other records, in any, or(ii)on the basis of the quantity of seed sown therein, or(iii)on the basis of the number of ploughs actually used therein, or(iv)on any other basis which may be agreed upon by the land holder and the tenant thereof, or (v) partly on one and partly on the other or others of the above basis.(2)Where it is not possible to ascertain the extent of any land or holding by employing any of the modes specified in sub-section (1), the Settlement Officer shall cause the same to be surveyed by chain.(3)Any disputes concerning lands or holdings surveyed under subsection (2), shall be decided by the Settlement Officer on the basis of possession.(4)If the Settlement Officer is unable to satisfy himself as to which party to a dispute is in possession or if it is shown that possession of the disputed land or holding has been obtained by wrongful dispossession of the lawful occupant thereof, he shall after ascertaining by summary enquiry or otherwise make an entry in the Record of Rights in favour of the person best entitled to possession or the person so dispossessed, as the case may be.(5)Any person aggrieved by the decision of the Settlement Officer under sub-section (3) or sub-section (4) may bring in a competent court, a suit for the determination of his claim on the basis of title.
