PRASADI Vs. BHAIRON

JUDGEMENT

(1.) THIS is a revision under sec. 26, Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, against an appellate order of the Additional Commissioner Jaipur dated 12.8.53 upholding the Appellate order of the Collector, Sawai Madhopur which in turn upheld the original order of the Assistant Collector, Karauli, dated 26.9.52, whereby the applicants application for redemption of the land in dispute was dismissed.

(2.) WE have heard the parties and have examined the record as well. We allowed an opportunity to the applicant to produce before us a certified copy of khata No. 26 prepared during the settlement operation of Svt. 1966 about the land in dispute. The same has been produced before us to day. It is clear therefrom that the alleged mortgage finds no mention in it. Thus it becomes abundantly clear that in Record of Rights prepared during the settlement the alleged mortgage finds no mention. The applicants contention is that in khasra Girdawri of Svt. 1965. Phode has been shown as a mortgagee of the land in dispute. In the first place, no presumption of genuineness attaches to entries in khasra girdawari. It is only the Record of Rights that has to be presumed to be genuine. Secondly the so called entry about the mortgagee makes no mention of the mortgagor or the amount of mortgage, and hence it can hardly be of any advantage to the applicant. We, therefore, find ourselves in agreement with the concurrent findings of the lower courts that the applicant had failed to establish the alleged mortgage. There is thus no substance in this revision which is hereby rejected.