GURCHARAN SINGH Vs. PRITHI SINGH

JUDGEMENT

(1.) This appeal by certificate is directed against the order dated the 3rd August, 1966 of the High Court of Punjab and Haryana dismissing the appellants' writ petition in limine. The facts as alleged in the writ petition are as under:

(2.) On 20-6-1966, the appellants filed the writ petition under Articles 226/227 of the Constitution in the High Court impugning the aforesaid orders of the Collector, the Commissioner and the Financial Commissioner, as being illegal and without jurisdiction, inter alia on these grounds:

(3.) Mr. Manchanda, appearing on behalf of the appellants does not press grounds (i) and (iv) before us. obviously because there is no substance in them. With regard to ground (iii), however, the learned Counsel has vehemently contended that the Commissioner was wrong in brushing aside the Khasra Girdawri - which would have furnished the factual premises of ground (ii) - merely because the binding of the register was untidy or there were suspicious erasures in some entries which were not relevant to this case. Khasra Girdawri - it is stressed - is a public record prepareed by a public servant in the discharge of his official duties, and as such, carries with it a presumption of correctness. It is urged that the case should be remanded to enable the appellants to produce evidence.