Supreme Court · 2020 INSC 219 · Decided 20 February 2020

Partap Singh (Dead) Through LRS. & ORS. v. Shiv Ram (Dead) Through LRS.

Court
Supreme Court of India
Citation
2020 INSC 219 · [2020] 1 S.C.R. 694
Case number
CIVIL APPEAL No. 1511/2020
Decided
20 February 2020
Bench
L. NAGESWARA RAO, HEMANT GUPTA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Evidence Act Section 109, 35

Headnote

Himachal Land Revenue Act, 1954: ss. 32(2)(a) , 34 - Record- of-rights and periodical record - Presumption in favour of entries therein - Rebuttal of - Held: Presumption of truth attached to the record-of-rights can be rebutted only if there is entry or the entry was surreptitiously made or that prescribed procedure was not followed - Reliance cannot be placed on the oral evidence to rebut the statutory presumption as the credibility of oral evidence vis-a-vis documentary evidence is at a much weaker level - Burden of proving

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