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Showing contexts for: parat sarkar in Karam Singh vs State Of Punjab And Ors on 21 January, 2016Matching Fragments
in terms of Section 2(g)(viii) of the 1961 Act. This apart, the private respondents have failed to prove payment of land revenue. The jamabandi produced by private respondents, appears to have been tampered with. At this stage, we would like to point out that the original entry is retained by the Patwari and is referred to as the "Parat Patwar". A copy is forwarded to the office of Collector and is called the "Parat Sarkar". The "Parat Patwar" and "Parat Sarkar" should record the same entries but if, there is any material difference between the "Parat Patwar" and the "Parat Sarkar", the documents would be inherently unreliable. We have perused copies produced by the petitioner and the private respondents and are prima-facie satisfied that copy produced by private respondents "may" have been "interpolated". A copy of the "Parat Patwar" of jamabandi for the year 1944-45, retained by the patwari, does not contain any entry recording the cultivating possession of Mehru as it records the words "Makbuja Malkan" and describes the land, in dispute, as "Kallar", whereas the copy obtained from the "Parat Sarkar" records "Mehru" in possession as a co-sharer and the land as "Barani". The private respondents are unable to explain this discrepancy. It would be necessary to order an enquiry into the matter. It would also be necessary to point out that in jamabandies prepared after 1944-45, Mehru and after Mehru, the private respondents are recorded as "tenants". The Appellate Authority failed to discern that a "tenant" cannot take benefit of Section 2(g)(viii) of the 1961 Act, which is only available to proprietors".
(4) In purported compliance of the above reproduced order the appellate authority has gone into the correctness of the translated version of the jamabandi for the year 1944-45 as well as 1953-54 and has vide the impugned order dated 06.02.2015 concluded as follows:-
"After hearing the arguments of the parties and perusing the record I have come to this conclusion that Jamabandis for the year 1944-45 and 1953-54 (Parat Sarkar) whose certified copies are Exhibit A-6 and A-8 annexed by the Appellant to prove his claim, in that entry in the column of cultivation has been cut from Makbuja Malkan and has been made to Makbuja Mehru s/o Malooka shareholder and by cutting in some numbers in the description of kind of land, i.e. land from Gair Mumkin is changed to Barani. The appellant has tampered with the record and by submitting the same in the court has tried to take order in his favour, for which he is not at all entitled."