Document Fragment View
Fragment Information
Showing contexts for: parat sarkar in Krishan Kumar vs Pardeep Kumar on 1 October, 2018Matching Fragments
Counsel for the respondent has supported the concurrent findings recorded by the Courts with the submission that the appellant miserably failed to plead and prove with regard to his being inducted as tenant in the suit land or his cultivating possession of the land in question measuring 3 kanal 12 marlas, detailed in para 2 of judgment passed by the Appellate Court. According to counsel, the Courts have rightly taken note that entries in the Jamabandi prepared by Patwari are at variance with the one maintained in the office of Sadar Kanungo known as Parat Sarkar. It is further argued that presumption attached to entries in the Jamabandis relied upon by the appellant gets sufficiently rebutted in view of entries in Jamabandis (Parat Sarkar) maintained by the Sadar Kanungo on behalf of Collector of the District. According to counsel, as there was difference in records maintained in the office of Patwari and that of Sadar Kanungo, the competent authority has rightly passed an administrative order dated 08.10.2001 in order to rectify the revenue records so that the appellant is 4 of 6 not able to take advantage of incorrect entries in the Jamabandis maintained by the office of Patwari.
I have heard counsel for the parties, perused the paper-book particularly the judgments impugned and copies of documents made available by counsel for the appellant during the course of hearing.
The Courts have consistently held that the appellant has failed to substantiate his plea that he is in possession of suit land much less as a gair marusi tenant on payment of rent etc. Counsel for the appellant has failed to point out any materials on record by way of oral evidence to substantiate plea of the appellant that he is in cultivating possession of the suit land. As has been rightly argued by counsel for the respondent, presumption available to entries in the Jamabandis relied upon by the appellant gets rebutted in view of Jamabandis maintained in the office of Sadar Kanungo known as Parat Sarkar.