JAGDEO SINGH Vs. MAHENDRA SINGH

JUDGEMENT

(1.) The dispute in this appeal relates to a mango tree which stands on land which admittedly belongs to the plaintiffs. This tree was recorded in the revisional survey papers as belonging to the defendant though according to the cadastral survey record of rights it appertained to the land of the plaintiffs. The plaintiffs brought a suit to obtain a declaration that the revisional survey entry was wrong and the tree belonged to them. The suit was decreed by the Court of first instance, but dismissed on appeal by the District Judge of Saran, who held that the revisional survey entry had not been rebutted and that the plaintiffs had failed to prove their possession of the tree within 12 years of the suit.

(2.) Only two questions have been raised in this appeal: (1) that the entry in the revisional survey Record of Rights relating to the tree has no presumption of correctness because no such entry was required to be made under Section 102, Ben. Ten. Act, and (2) that the lower appellate Court should have held that the presumption, if any, arising from the entry in the Record of Rights was amply rebutted by the general law that a tree which stands on a piece of land must be presumed to belong to the owner of the land.

(3.) As to the first proposition it has been held in various decisions of this Court that an entry in the Record of Rights in reference to trees is one which the settlement authorities are authorized to make and therefore it carries with it the presumption of correctness under Section 103-B of the Act. Besides, it has not been shown by the appellant that in the order made under Section 101 the possession of trees was not one of the particulars to be recorded in the Record of Rights.