THE RECORD OF RIGHTS

366.  CANCELLED.

367.  Nature and contents of record of described in settlement manual. It is needless to describe here the nature and contents of a standing record of rights, which is usually drawn up at settlement, and of the subsequent revised editions of it, whose legal description is “annual records” though in the great majority of estates they are prepared only at intervals of  four years. The reader os supposed to be familiar with the fourteen chapters of the settlment manual, where these matters are fully discussed.

Commentary

Mutation registers are records the title ( 49 plr 274: air 1947 lahore 147 : ilr 1947 Lahore 747)

368.  Duty of deputy commissioner to keep record of rights upto date. The settlement officer hands over to the deputy commissioner a record of rights for each estate, the chief documents included in which are the village map or shajara kashtwar and the jamabandi, that is to say, a list of owners and tantents holdings, with a detail of the fields contain in each of the rent paid by each tenant and of the trevenue due from owner. It is the business of the deputy commissioner to keep both of these upto date. The provision contained is saction 44 of the revenue act ( xvii of 1887) attaching an equal presumption of truth to entries is standing record of rights and in annual records can only be justify by the great care taken in preparing them. The instructions regarding the keeping of the village map up to date in the interval between two settlement will be found in part f of financial commissioner’s standing order no. 16.

Commentary

Revenue papers are merely ment for fiscial purposes ( 1970 PLJ 198: 1970 RLR 589: 1970 cu 341)

369.  Law as to change of entries in record of rights explained in settlement menual - The law as to the circumstances under which the alteration of an existing standing record  of rights or annual record is permissible is discussed in paragraphs 279-282 of the settlement manual, which should be read as part of this chapter.

Commentary

Entries in revenue records show changed sequence twice in long spell of about 92 years (1979 PLJ 102)

370.  Revision of record when complete re-mesurement is ordered. We are not here concerned with the elaborate procedure for the revision of the jamabandi, which is carried out when a complete re-measurement of an estate is ordered, for such remeasurement, as a rule, only takes place in connection with a general re-assessment  of the land revenue. Should, however, the remeasurement of an estate become necessary at another time, the procedure will be that laid down in the seventh appendix to the settlement manual.

371.  Forms of jamabandi and of list of revenue assignments. The forms of jamabandi  and of the list of revenue assignments and pensions, which is included in the annual record, with instructions for their preparation, will be found in financial commissioner’s standing order no. 23

372.  Classification of rights to be recorded. The rights of which the acquisition or loss gives rise to an alteration in the record of rights, may be classified as follows:-

1. Rights of persons responsible to                     1. landowners

government for land revenue.                                    2. Mortage with possession  

1. rights of persons responsible to land               3. Occupancy teants.

owners for rent.                                                       4. Leaseholders.

                                                                             5. tenants-at-will.

“leaseholders” in this connection means persons holding land as tenants for periods exceeding one year on written or oral leases.

373.  Reports of acquistition of rights to patwari’s. the first three classes are legally bound to report to the patwari the right which they have acquired. If they fail to do so within three months from the date of acquisition they render themselves liable to a small fine. (section 39) assignees of land revenue and mortageges without possession are also bound to report, but their rights are not of a kind in which  must be recorded in the body of the jamabandi, through certain notes regarding them are made in the “remarks column” of that document(for the procedure as regards revenue assignments see paragraph 41 of financial commissioner’s standing order no. 23 and the instructions append thereto. For that relating  to collateral mortgages, in which the landowner remains responsible for the payment of the land revenue, see paragraph 17 of that standing order)redemptions of mortgage must be reported by the landowners whose lands have been redeemed. For his knowledge of acquisition of title by leaseholders and tenants-at-will the patwari must rely mainly on his own  observations and on the result of inquiries as to the cultivating occupancy of land made at the harvest inspections (see paragraph 359 of this menual) among the thiongs which he has to enter in his diary are the deaths of tenents, owner, village officers, pensioners, and revenue assignees, the ejectment, absconding, or setting of cultivators and rightholders, the relinquishment, change, or renewal of any tenure and the execution of any lease or agreement for cultivation. Leaseholders and tenants-at-will are  undeer no obligation to report to the patwari, but like all other persons whose rights are recorded in the jamabandi they are bound on demand to furnish him and any revenue officer engaged in revilsing it with accurate informatiom ( section 40) to aid in recording mutations is one of the duites set forth in the memorandum given to village headmen on appointment,a nd the lambardar of the patti in which a mutation takes palce is excepted to attest by hisseal or signature the report made on it by the patwari for the orders of the revenue officer.

CAUTION      Read separate para for Punjab and Haryana

374.  Reports of registed deeds. Registers and sub-registers send monthly to tahsildars particular of all registed deeds which purport to transfer agricultural land. The entries relating to each deed are made on a separate slip. The office kanungo forwards these slips to the field kanungo of the circle, who distributes them to the patwaris concerned(see paragraph 6 of fiancial commissioners standing order no. 23)

374.  Reports of registed deeds. Registers and sub-registers send on the 15^th and last date of each month (substituted by financial commissioner punjab correction slip no. 1(1982) dated 24.12.1981) to tahsildars particulars of all registed deeds which purport to transfer agricultural land. The entries relating to each deed are made in a seprateslip. The office kanungo forwards these slips to the field kanungo of the circle, who distributes them to the patwari concerned(see paragraph 6 of financial commissioners standing order no. 23)

375.  Register of mutations. The patwari keeps up a register if mutation in which he records all acquisitions of rights of the kinds descrilbed in the preceding paragraph, reported to him or which he “has reason to believe to have been taken palce” except those relating to land revenue assignmets and undisputed mutations of tenants-at-will,” as soon as they are acted on”the last words do not occur in the act, but in a rule framed under it( see act xvii of 1887, section 34(3), and financial commissioner’s standing orders no. 23 paragraph 2-13 of this manual). They were seemingly introduced to carry out the principle that the revenue officer whis is revising a record of rights is concerned only with rights actually enjoyed by the persons claiming them.(see paragraph 369 of this manual) but a mere entry in the register cannot cause any elteration in the jamabandi without an order by a revenue officer, and for the sake of convenience the patwari enters are tranfers by registed deed, of  which he has received intimation under the procedure described in the last paragraph.it is the duty of the revenue officer to refuse to refuse to sanction the mutation in such a case unless he is  satisfied that the transfer has actually been completed (see also paragraph 7 of financial commissionor’s standiong order no. 23)

376.  Copy of mutation register field with jamabandi. The forms of the mutaion register with instructions regarding the making of entries in it will be found in financial commissioner’s standing order no. 23, paragraph i. It is kept up in duplicate, one copy being retained by the patwari and the other sent to the tahsil to be attached to the jamabandi as an authority for the new entries with it contains. The patwari’s report, the attestation of it by the field kanungo and the order of  the revenue officer are wriiten only in the copy of the register to be field with the jamabandi. It is enough in the patwari’s copy is show how the case was deposed of by entring the briefest possible abstract of the order and this abstract should be written by the revenue officer with his own hand.

377.     cancelled.

378.  Undisputed entries relating to tenants-at-will. Most of the alternations in the jamabandi which are the patwari can make of his own authority are undisputed mutations of tenants-at-will. These are not entered at all in the register. Whsen the new jamabandi is being compiled they are taken straight from the khasra girdawari. (see paragraph 359 of this manual) disputed changes of tenants-at-will are treated exactly like other mutations.

379.  Orders in mutation cases - Orders in mutation cases can be passed by an assistant collector of either grade. In practice nearly the whole of the work is disposed of by tahsiodar and naib-tahsildar. In the country of small peasant proprietors the number of mutations be attested annually is very large, and it is found necessary  every year to appoint in some districts one or more extra naib-tahsildar selected from the lists of excepted candidates and  to invest them with the powers required for the disposal of business under chapter iv of the land revenue act. An appeal of course lies to the collector against order sanctioning or refusing mutation of names, and the minute proprotion witch the number of such appeals bears to the number of mutations decilded is  evidence of the general satisfaction with the procedure.

380.  Mutation work largely done by officer of no grade standing of experience. It is clear from what has been just said that much of the mutation work is done by officers of small standing and little practical experince. It is also true that the work has often to be carried out very rapidly, if the important object of keeing the jamabandi upto date is to be attained. These are matters for reflection considering that each jamabandi now possesses the same authority as the record of rights drawn up at settlement(see paragrpah 368) fortunitely the bulk of the work is exceedingly simple; there is no dispute as to facts, and no opening for doubt at to the order that should be passed. But this is by no means true univercally, and cases find their into the mutation regilster  which require both care knowledge to decilde correctly.

381.  Supervision of work by deputy commissioner and revenue assisant -When a deputy commissioner or a revenue assistant is inspecting a tahsil,the mutation work of the tahsildar,naib-tahsildar,and extra naibtasildar, who may have been employed , should all be brought under review. With the jamabandi of an estate lying open before him it is perfectly easy to pick out all the holdinds in which changes have been made, for in sport of them refrence  to the mutation regilster are always given. If the inspecting officer looks up each case in the regilster, he can soon satitfy himself as to the quality of the work of the reporting patwari and of the assistant collector. Having done so, he can turn back to the jamabandi, and see weahter the changes ordered have been corrctly made. If this process is repeated for several estates in the circles of the tahsildar and naib-tahsildar respectively the deputy commissioner cannot fail to gain a considerable insight into the value of work done by both these officers, and by some of the patwari’s and kanungos under their control. In examining mutation seats special  attention should be paid to orders passed in the absence of any of the patwari’s. no other should be passed effecting the share of any right-holder who has not had an opportunty of appearing.

382.  Mutation to be attested on the spot. Tahsildar and naib-tahsildars are accepted to deal with revenue work, and especially with cases relating to lambardars, land revenue assignments, partitions, and mutations with in the estate in which the cases have arisen. The extent to which this obligation may be relaxed with the expressed permission of the deputy commissioner has been noted in paragraph 247.

383.  Contents of mutation s orders. Every mutation order should shoe on the face of it the palac where and the date on which it was passed, and that all the parties intrusted were present or, if any one was absent, the way in which his evedence was obtained, or , if it was not obtained, but opputunity was given to him to be present.no detailed recored of the statements of parties and witnesses is required, but the order should note  brilefly is  persons examined and the facts to which they deposed.(land revenue rules 39,40 and 44ii and tenancy rules 7 and 12 ii)

except in the case of killabandi mutations (paragraph 15 of appendix xiv of settlement manual) no patwari or kanungo or revenue officer should take the signatures or thumb-marks of parties or witnesses on mutation proceedings.

The facts on which the order is based should be stated succinctly but clearly, and the order must show without any possibility of doubt weather the revenue officer accepts the new entry proposed by the patwari as it stands, or, if it requires amendement, exactly what the entry is which is to be made in the jamabandi.the order must always show weather a share of the village shamlat has been included in the transfer.

Commentry

Interested parties have to be given opportunity of being present ans. The mutation should be attested on the spot by tahsildar. Where neither notice given nor party present before order in mutation was passed. The mutation order set aside (mili saint david v. dulo 1986 PLJ 53) plea that the mutation was sanctioned in the presence of general punlic is not abequate to fix the present of the parties. (sudama ram v. ram dahn 1992 1 rrr 461).

384.  Attendence of parties. A person who, after receipt of notice by summons or procalmation to appear before a revenue officer at some place within the estate in which he ordinarily resides of qualities land, fails to present himself becomes liable to a fine not exceeding Rs. 50 (saction 149) this provision can suitably be put in  force when the default is wilful and contumacious. But, where a mans attendance would  involve an amount of inconvience which under all the circumstance could reasonably be regared as excessive, the proper plan is to take his evildence by commission.

Commentry

At the time of attestation of mutation the party was not present nor recorded in the order the presumption is that the party has no knowledge. (sudaman ram v. ram dham 1992 1 rrr 461)

385.  Arbitration. Disputed cases may be referred to arbitrtaion without the consent of the parties. But little use is made of this provision of the act. Where it is resorted to care must to taken to make the artitrators understands that they must give a clear opinion as to the question whether the right claimed is actually enjoyed. If the revenue officer cannot satisfy himself as regards the fact of possession and thinks it inexpedient to refer the point to arbitration, he is required to make a summary inquiry as to title and to direct that the person who appers to have the best right to the property shall be put in possion of it, and that his name shall be entered in the jamabandi. The disappointed claimant must be referred to the civil courts for the establishment of any right he conceilve himself to have.

386.  Importance of prompt disposal of mutation work. Mutation which have not been attested before the end of the agrilcultural year (15th june ), or the date approved by the director of land records are not incorpated in th jamabandi them under prepartion. This in most cases means that they will not be brought to record till more than four years after they have taken palace. This untoward result can easily be avoided if tahsildars and naib-tahsildars lay out their work properly, and pay special attention to the estate for which jamabandis are about to be drawn up.

386-A.  A mutation pending over two years. Provision has been made in paragraph 7.4 of the punjab land records manual to ensure that specail precautions will be taken be tahsildars and naib-tahsildars to decilde mutations as soon as possible after the period of two yers has elapsed unless mutations are duly attested within a reasonable time, litigation is held up and the culticators do not settle down with clear minds with the cultivation of their lands. Collections , and if necessary. Commissioner, should bear in mind any remissness on the part of subordinate revenue officcers in his direction when reporting on the these officers. Assistant collectors of the 1st grade, in forwarding reports to th ecollector should bear in mind their own esponsibility for the proper supervision of mutation work.

387.  Jamabandi. The chief work of th patwari between the completion of the rabi girdwari and the beginning o fth kharif harvest inspectin is the complining of the jamabandi. It is drawn up in duplicate and ought to showly whom the land is held as owner or mortagage at the end of the agricultural year.all payment of rent and revenue made up to the 15th of bhado, fwhich corresponds roughly to the end of august, sholud be embodied in it. The copy should be filed in the tahsil by the 7th september or any subsequent date approved by the director of land records due to special circumstances, provide such date does not exceed 6 months from 7th september; the other being retained by the patwari.

388.  Jamabandi of most estates prepared quadrennally. The act conmplatewsd the farming of an annual record of rights for each estate, but at the time it allows the financial commissioner to dlirect its prepareation at or the shorter intervals. For many years after the act was passed an attries being curtailed to some extent for three consecutive years and given full length in the fourth. This plan of having ebbreviated and detailed     nabandis caused useless trouble, and the present rule is to draw up a complete jamabandi for each estate or part of an estate once is four years. Its are made showing what record work the patwari’s are to do in each year.patwari has four or more small villaes in his circle , it is easy to distribute work over the different year.  If the estates are fewer in number, one or more of them may have to be split up into two or more parts for this purpose. Each part should far as possible, consist of one or more complete sub-division(parties or tarafs). In referring to the latest jamabndi of any particulars vilage, the year to which the entries relate must be noted. If this is not the last agricultural year, any changes which have occurred since the jamabandi was compled can be ascertioned by turning to the mutation register.

389.  Jamabandis to be completed by patwari in his own circle. Patwari must not be collected at the tahsil or anywhere else to write up jamabandis every man must od the work in his circle. If it is not  finishsed in time, and the only way to get it done to have the patwari under  constant obserevation, he can be brought into the tahsil for a short time in the month of september. On patwaris coming to the tahsil to file their jamabnadis the office kanungo should detain them there for as short a period as possible. Girowin work. Except invery special circumstances, no patwari sholu be detained at the tahsil for more than eight days.

390.  Attestaion of jamabandio field kanungo in village. The field kanungos check of the jamabandis while they are under preparation should be constant and systematic. He is responsible that all the mutation orviously, are correctly in corporated. He must attest all the entries holding by holding in the presence of the zamindars concerned. This work can be carried of  pari passu with the progress of the patwaris work. At each of his visits the kanungo can collect the landowners and tenants whose holdings have been attested since his last visit and read out the entries in their hearing.

391.  Check at tahsil by field kanungo. In addition to the attention work carried out in the villages, field kanungos spend september at headquartes of the tahsil and revote their attention during that time to the checking of the jamabadis filed by the patwaris. The check carried out the tahsil is chiefly directed to seeing that mutation have been proprerly incorpated, and that the statisticl statements filed with the jamabandi or correct.

392.  Check by the tahsildar and naib-tahsildar. The tahsildar or naib tahsildar incharge of the circle in which the village lies small make his final attention in the sport and shall observe the follwing in insrtruction :-

(1)  at least 25 per cent of the khatauni holdings should be read out on the spot and in the presence of the assembled rilght –holders.
(2)  At least 25 per cent of the mutation attached to the jamabandis should be compered with the khewats concerned.
(3)  At least 25 per cent of the khewat holding should be compered with the old jamabnadis.
(4)  At least 25 percent of heewat entries in the original copy should be compred with the corresponding entries in the patwaris of the jamabandi.

The number of the fileds, the tatima shajaras of which have been attested, must be specified as also that of the unattested mutations entered before the 16th june or the date approved by the dirctor of land records; of these their should be as few as possible.

393.  Notes at  end of jamabandi should show amount of check exercised. In the notes which they record at the end of thd jamabandi the kanungo and the revenue officer must state exactly what they have done in the way of scrutiny and check and they should each include in their note a list of any amendments which they have made. The revenue officer must include in his prescribe final attestation slip an dattach one two each of two copies of the jamabandi. The degree in which the jamabandis last prepared are really up to the date is matter to be tested at tehsil inspections.

394.  Statistical returns based on jamabandi. The statistical returns which are based on the mutations register and jamabandi, and which form appendices to the latter document, will be dealt with in the next chapter.