SC:Presumption attached to revenue records can’t be rebutted by oral evidence

The Hon’ble Supreme Court, on 20th February 2020, in the matter of Shri Partap Singh (Dead) Through Lrs. & Ors. v. Shiv Ram (Dead) Through Lrs. observed that it will not be proper to rely on oral evidence to rebut the statutory presumption attached to a revenue record as the credibility of oral evidence vis-a-vis documentary evidence is at a much weaker level.

The Hon’ble Supreme Court observed that:

Presumption of truth attached to the record-of-rights can be rebutted only if there is a fraud in the entry or the entry was surreptitiously made or that prescribed procedure was not followed. (Para 24)

It will not be proper to rely on oral evidence to rebut the statutory presumption attached to a revenue record as the credibility of oral evidence vis-a-vis documentary evidence is at a much weaker level. (Para 24)

The burden of proving relationship of tenancy is on the person who asserts such a relationship as per Section 109 of the Evidence Act. (Para 25)

Copy of judgement: Judgement_20-Feb-2020

-Adv. Tushar Kaushik

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