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1 - 2 of 2 (0.18 seconds)Syed Mohd. Salie Labbai (Dead) By L.Rs. ... vs Mohd. Hanifs (Dead) By L.Rs. And Ors on 22 March, 1976
11. The petitioner's case was that the land was let out to him by the Zamindar at the annual rent of Rs. 8. This grant according to him was oral and he was cultivating the land. Later on he filed a written lease deed dated 1.1.1967 Exhibit Ka-1. This is contrary to the case set up by him. It is for this reason that the appellate court has held that this document (Ex Ka-1), was forged, and was prepared after filing of the written statement : no reliance can be placed upon it- So far as recent possession was concerned, the appellate court held that petitioner was recorded in 1384 F (1976-77) as unauthorised occupant (Bila Tasflya) for last seven years. This confirmed the case of the Board that the petitioner has illegally occupied the land in dispute in the recent past. Neither any rights were claimed on the basie of adverse possession nor any rights could be given on the basis of short length of possession. Apart from it, the Supreme Court in Labbai's case held that revenue records are good evidence and once it is held that ground is a cremation ground. It will continue to be so irrespective of the fact someone has illegally cultivated It. There is no infirmity in the reasoning or the finding of the appellate court. It cannot be interfered with.
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