INTRODUCTION
The record of rights is a collection of various revenue papers regarding an estate. Records of rights provide various information about a particular land. The assessment of land revenue payable, and disputes regarding land are determined in the light of determination Inland matters, the presumption of truth attached to the entries in the record of rights.
RELEVANT PROVISIONS
Section 39 of the Land Revenue Act, of 1967 enumerates certain documents including the Record of Rights.
OBJECT OF RECORD OF RIGHTS
The primary object of record of rights is the collection of land revenue from the person who is responsible to pay such amount to the government under the Land Revenue Act.
KINDS OF RECORD
According to the Provisions of Land Revenue Act, of 1967, there are two types of records,
1. STANDING RECORD:
The standing record is permanent and the parent record. It is updated by the periodical record. This is a record containing documents framed before the Punjab Act was passed. It is in fact, saved and preserved for the periodical record which is made to keep all the data and previous information about land in the record of Government Administration.
According to Section 39, the Standing record of rights for an estate shall include the following documents;
- Jamabandi which is now called Register Haqdaran Zamin
- Wajib-ul-Arz
- Shajra Kishtawar or field map of the estate
The Board of Revenue has prescribed under clause (d) of Sub-section (2) of Section 39 the following documents to be included in the record of rights;
- Preliminary proceeding
- Genealogical table/Shajra Nasab
- Index survey/khasra numbers
- Alphabetical index of owners
- Alphabetical index of mortgagees
- Changes in the kind of soil
- Register of Hagdaran Nakhlistan
- Statement of rights in wells and tube-wells
- Statement of distribution of water (where the lands are irrigated by Karez or other similar sources)
- Statement of Rights in water-mills
2. PERIODICAL RECORD:
It is, in fact, a device through which the standing record is updated Periodical record is the annual or four-yearly addition of settlement records generally known as Quadrennial Jamabandi.
The following documents are included in the Periodical Record;
- Jamabandi-Register Haqdaran Zamin
- Title page of Register-Haqdaran Zamin
- Genealogical table (Shajra Nasab)
- Index Survey/Khasra number
- Note of change in the kind of soil
- Register of Haqdaran Nakhlistan
- Statement of distribution of water
- Statement of Rights in water-mills
- Supplementary map
- Fard Badar
- Checking and attestation note by Kanungo
- Checking and attestation notes by the Revenue Officer
- Final attestation certificate of Register Haqdaran Zamin by Revenue Officer (Rule 30)
DOCUMENTS INCLUDED IN THE RECORD OF RIGHTS
The following documents have been held to be forming parts of the Record-of-Rights:
1. Shajra Kishtwar
It is the field map of every estate outside a municipality or cantonment embodying changes that took place after the preparation of the previous record, recording the father’s name, case or Tribe, Got or Sub-tribe, if any and residence of all the persons described in Section 39 (2)(a)) of West Pakistan Land Revenue Act, other than (1) non-occupancy tenants, (i) mortgages or lessees for a period of 20 years or less, provided that if the fathers’ name, caste or Tribe, Got of Sub-tribe, if any, and residence are entered in any document prepared in accordance with clause (a) of sub-section (3) of this section, no separate document shall be necessary for the purpose.
1A. Shajra Nasab
This document is a record of the genealogical table of the persons belonging to land.
(where the lands are irrigated by means of
known as quadrennial
[8:53 pm, 27/07/2023] Mr. Advocate: 39.
N SERIES SPECIAL AND LOCAL LAWS
1000
2. Jamabandi
The statements of the record of rights as prescribed by clause (a) of sub-section Section 39 of the West Pakistan Land Revenue Act are to be recorded.
- The essentials of Jamabandi are as follows;
- Khewat or Jamabandi Number
- Khatauni Number
- Name of Patti of Taraf with the name of Lambardar and revenue
- Owner, with description
- Cultivator, with description Well, or other means of irrigation
- Fields Number
- Areas
- Rent paid by cultivator, rate, and amount
- Share or measure of rights and rule of bach
- Demand with detail of revenue and cases
- Remarks
3. Khasra Girdawari
Girdawari in one’s favour is not possession but, a reflection of possession. It only proves that someone was in possession only on the day when the same was recorded. Such entries are valuable pieces of evidence, and not to be set aside lightly. When incorporated into the record of rights every four years presumption of truth is attached to them. Khasra Girdawari containing entries contrary to Jamabandi cannot be relied upon.
4. Naqsha Surat Dehi
Naqsha Surat Dehi is an official record prepared during a survey of villages in the District. It’s part of the record of rights and presumed to be correct in the absence of evidence to the contrary.
5. Khasra Abadi
There exist records bearing the names, ‘Shajra-Abadi” and “Khasra-Abadi” carefully prepared during the course of settlement operations with regard to the areas situated within the Abadis of villages in the Province of Punjab.
Khasra Abadi contains an accurate account of all the units in the village of Abadi, detailing their different shapes along with total measurements of all the straight or angular sides of each unit.
In Shajra Abadi are entered full particulars of the owners and occupants of various units as also the nature of construction if any existing therein, with reference to the khasra number mentioned in the other record.
A combined reading of the two provides complete data about the properties which form an infallible basis for the identification of each one of the units in Abadi through measurements carried out at the spot.
6. Misl Muqadama
A periodical revenue record. It is a relevant document under Section 35 and carries a presumption of correctness.
7. Khasra
Where is the Khasra itself is the instrument which confers or embodies, the right and there is no other document which creates title, the Khasra, and the map are not merely historical materials but are instruments of title or otherwise direct foundation of nights.
8. Khasra Imarti
Khasra Imarti is a document prepared for certain areas in the estate of Lahore Urban Assessment Circle in the form given below.
- Street or mohallah or abadi, with name of taraf, patti of lambardar
- Old Khasra Number
- New Khasra Number
- Area in Kanals, Marlas with fractions in square feet
- Name and description of the owner
- Other rights omitting tenants at will and lessees
- Conditions of title
- Class of building, viz house, shop or factory, etc.
- Tariga bachh with land revenue and cesses
- Ownership
- Title
9. Wajib-ul-Arz
The rights of parties are always to be controlled by the entries of Wajib-ul-Arz prepared at the last settlement Wajib-ul-Arz forms a part of the standing record prepared under Section 39 of the Land Revenue Act. 1967, and its entries are not to be repeated in the amended version of such record te jamabandi which is prepared after every four years.
The entries in the Wajib-ul- Arz shall always be considered as a part of the jamabandi unless they are changed, modified, or rescinded in a subsequent settlement with the consent of the Landowners.
Where entries of Wajib-ul-Arz prepared in the last settlement remain the same, notwithstanding the fact a person shown as owner in the jamabandi prepared after the settlement, his ownership to the extent of the land covered by the good ownership of which as referred in Wajib-ul-Arz was created with the condition that the remaining sham land will be partitioned in accordance with Hasan rapid malik bandobast 1880.
If any of the shareholders so wished to get it portioned, shall continue to be conditional and subject to the incidence of partition, whenever the hamlet is partitioned.
10. Statement of Customs
A statement is prepared in which the customs regarding nights and liabilities of the landowner and tenant are mentioned.
11. Statement of Rights in Wells
In the areas where irrigation is done through wells, a statement is prepared in which it is specified the respective rights and obligations of the landowners who can irrigate their land from wells.
12. Statement of Rights in Irrigation
A statement is prepared in which it is specified that the respective rights of the landowners from another source of irrigation.
POWER OF BOARD OF REVENUE
Where it appears to the Board of Revenue that a record of rights for an estate does not exist, or the existing form of rights for an estate requires special revision, the Board of Revenue may by notification, direct that a record of rights be made or the record of rights be revised as the case may be.
EFFECT OF RECORD OF RIGHT
A record of rights made or especially revised for an estate shall be deemed to be the record of rights for that estate, but shall not affect any presumption in favor of the Govt which has arisen already from any previous record of rights.
CONCLUSION
It is concluded that a record of rights is the collection of various revenue papers regarding an estate. A record of rights is maintained in every village. It provides information about revenue matters, rent payable cesses, names of landowners and tenants, and their rights and obligations, etc.
FAQs
Define and distinguish between standing records of rights and periodical records of rights. Discuss the documents included in the periodical record of rights.
(2019-S, 2017-A)
What do you understand by the term record of rights discuss the documents included in it. Also, state whether any presumption of truth has been attached to the entries in the record of rights.
(2018-S, 2014-A)
What is record-of-rights? Differentiate it from the periodic record of rights. Analyze various documents included in Record-of-Rights. What do you know about the term record of rights?
(2016-A)
What are the documents included in the Record of Rights? Discuss the documents included in it.
(2015-A, 2011-S)
When it is prepared and what is the evidentiary value of entries in the Record of Rights?
(2012-A)
