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Record of Rights Jamabandi Under Land Revenue Laws Jammu And Kashmir

Under section 21 of the Land Revenue Act Svt. 1996, a record prepared at the time of settlement or revision of an Estate, is known as Record-of-Rights. It contains the “Shajra Nasab” of the land holders, village field map and details of the rights, interests and liabilities of the landholders, tenants and assignees of the land revenue. It is also known as Standing Record or Missalhaqiat in revenue parlance.

Jamabandi is an amended edition of the Record-of-Rights prepared for each Estate annually or after such interval as Revenue Minister may prescribe. This is also known as Annual Record or “Jamabandi Charsala”. Jamabandi is normally prepared after an interval of four years for each estate.

It contains all the changes which have taken place from the date of Record-of-Rights or the Jamabandi last prepared, to the date of preparation of current Jamabandi. All mutations attested during the intervening period are incorporated in new Jamabandi and Shajara Nasab is also accordingly updated. It contains the details of trees, rents payable by each tenant and the land revenue due from each land holder. It also contains the statements mentioned in section 21 of the Jammu and Kashmir Land Revenue Act Svt. 1996.

The evidential value of the entries made in ROR, is invariably relevant but those are not the evidence of title, as held in case Ramanna v. Sambamurthy {1}. The entries made in ROR are rebuttable.

The presumption of correctness of the entries is only in respect of genuine entries and should not be on the ground of fraud and forgery. Any entry made in ROR showing a mere possession of a person is not conclusive evidence of ownership as those entries are subject to rebuttal in appeals, review and revision. Relevant to mention that the importance of possession cannot be denied. Section 95 of Land Revenue Act lays down that entries made in ROR are presumed to be correct unless contrary is proved but an entry in revenue record alone is not sufficient to show the separation of a joint family.

An entry in revenue record showing that a person is an occupancy tenant is final and conclusive as held in case Murti Mandir Mani Ram v. Bhagat Ram {2}. The detailed procedure for jiling suits for correction of ROR is laid down in section 32 of the Land Revenue Act svt. 1996.

Preparatory to drawing of new Jamabandi: Before writing of a new Jamabandi of an estate, it is necessary that all changes that have taken place in last Jamabandi, are brought on record. The Patwari shall keep a note of such changes in pencil entries in remarks column of the existing Jamabandi. when the mutations are sanctioned, he will make an entry in red ink and the pencil entries shall be scored through. Prior to the start of Jamabandi, the below procedure is required to be followed;

Checking the changes in the existing Jamabandi by the Patwari and the Girdawar, all entries need be read out to the zimindars in presence of the Lamberdar and Choukidar to ascertain their correctness. All mutations have to be updated and brought on record. The gemological tree (Shafra Nasab) is updated in accordance with the orders passed on mutations.

Form of Jamabandi: All the columns of the Jamaband should very carefully be written by avoiding mistakes and over writings. Khewat and khata number need be entered correctly. The water mills if any shall be given a separate khewat number. Old khewat and khata numbers shall be recorded in red below the new numbers. Patti or Tarf as they appear in shajra Nasab needs be recorded. The name of the owners along with caste, tribe, goter and residence shall be recorded.

In kashat column whether the owner is in self-cultivation or a tenant with class of tenant or mortgager needs be recorded. The source of irrigation whether through canal, kuhal, Tank, nalla shall be recorded in the given column. Khasra number, name of the field, area, class of soil need be correctly recorded. Rent paid with description whether cash or kind, details of land revenue, surcharge payable be recorded in the given column of Jamabandi.

Papers from which Jamabandi is prepared:

  1. Last Jamabandi.
  2. Mutations attested by the Revenue Officers since the last Jamabandi was prepared.
  3. Khasra Girdawari

Besides, changes in rights of cultivation pertaining to land holders, tenants, mortgagees, lease holders and changes in land revenue, assignees, are given effect to in the Jamabandi according to the orders passed by the Revenue Officers on mutations. However, changes in undisputed cases of tenants-at-Will and lease less than one year, are taken straight from the Khasra Girdawari to the Jamabandi.


Papers attached with the Jamabandi: Jamabandi contains following papers

  1. Amended copy of genealogical tree (Shajra Nasab)
  2. Copies of Tatima Shajra
  3. Original copies [Parat Sarkar] of mutations attested by the Revenue Officers, since the last Jamabandi was prepared
  4. List of assignees
  5. Index Numberwar (numerical)
  6. Index Radifwar (alphabetical)
  7. Maizan (total) Khatawar
  8. Jamabandi papers
  9. Jamabandi of trees, if any
  10. It also contains total land revenue payable by the landholders in the estate

Arrangement of Papers in Jamabandi:

  1. List of documents comprising the record [Index]
  2. Tatima Shajras
  3. Shajra Nasab upto date
  4. Index radifwar
  5. Index numberwar
  6. Jamabandi sheets prepared
  7. Maizan Khatawar
  8. Jamabandi of, trees if any prepared separately
  9. Parat Sarkar of mutations attested since last Jamabandi was prepared
  10. Parat Patwar registers (to be kept separate)
  11. List of revenue assignees

After arranging the aforesaid documents in Jamabandi, it should be cloth bound to give it a safe and long life.

Attestation of Jamabandi by the Field Qanungo: If may be in place to state that the field Qanungo has a pivotal role in writing up, check and attestation of Jamabandi. The field qanungo shall check all the entries of Jamabandi in the village to ensure that all orders passed on mutations since the last Jamabandi was prepared have been given effect to and all entries of Shajra Nasab are updated and brought on record.

The Qanungo shall read out the entries of Jamabandi in presence of village zamindars and variation, if any, found shall be marked and corrected in red ink. The result of the check should be recorded in Farad-Partal and Patwari shall incorporate all such entries in record and shall also send a compliance report to Tehsil Office. On the next inspection of the Patwar Circle, the Girdawar Qanungo shall ensure that all corrections have been incorporated in the record.

Copies of Jamabandi: the attestation of Jamabandi by the GQ, another parallel copy of Jamabandi is prepared by the Patwari (except mutation sheets), for his day to day use. The field qanungo shall ensure that the copy prepared by the Patwari tallies with the original. The copies of Jamabandi are submitted to Tehsil office, where it is further checked by Tehsil Qanungo and District Sadar Qanungo.

Check of Jamabandi by the Revenue Officers: Rule 21 of Standing order 23-B lays down the broad guidelines for the Tehsildar and Naib Tehsildar to have the final check and attestation of the Jamabandi on spot, after reading out at least 25 percent of the entries to the landholders present. 25 percent of the mutation attested shall be compared with the khewats and similarly, 25 percent entries of khewats shall be compared with the old Jamabandi and the copy of the Jamabandi with the Patwari.

The check shall be made at random, to ensure that no deficiency is left in the Jamabandi. The final attestation is made after thorough verification to the correctness of the entries.

Final attestation (Tasdiq Akheeri), is made under the certificate and signatures of the Tehsildar concerned or by the Tehsildar settlement, in the areas notified for settlement. Jamabandi is a document to which the evidence value is attached to that of Right Of Record. Therefore, it must be prepared very carefully. Jamabandi of the trees is prepared separately where required.

The result of all such verification should be recorded in the register of Farad Partal and the Patwari has to send a report to Tehsil office that all the entries made in the Farad-Partal have been given effect, in the record. The Fard Partal entries are compared and checked by the Tehsil and District Qanungo to ensure the correctness of the Jamabandi.

It may be borne in mind that the wrong entries of Jamabandi, tell upon the rights of the landholders, which may drag them in unnecessary litigation. Once the Jamabandi is finally attested the entries are presumed to be true, under section 31 of the Land Revenue Act.

In case of any wrong entries the remedy left with the landholders, is to file a suit before the Deputy Commissioner (Collector) under section 32 of the Land Revenue Act, for correction, within one year of its final attestation in case of Right of Record and six months in case of Jamabandi.

Any land holder feels aggrived of the entries in Jamabandi, may institute a suit before the Deputy Commissioer (Collector) within 6 months and thereafter the remady lies in the civil court only. The provisions contained in the Limitation Act are not applicable to the suits filed under this Section. It is also provided that no person shall be entitled to bring a suit for correction of record of rights of the previous settlement.

Points to Remember:
  1. The Record of Rights prepared at the time of settlement operations, is known as Misalhaquat (ROR)
     
  2. Jamabandi or annual record is the revised edition of the Misalhaquat. It is generally prepared after a span of 4 years and is also known as Jamabandi Charsalla
     
  3. Shajra Nasab (geanological) tree is prepared for the shareholders who have expired and their legal heirs are brought on record. It is shown up to four generations. The Shajra Nasab of shareholders, who have died issueless or are gair hazir (absent) or gait qabiz, a female who has been entered in the record by Virtue of her right, a person whose father is also in possession and occupation, a widow, a daughter, a Khana Damad, an adopted son, a Khana Nasheen Daughter, a widower and the owners under Agrarian Reforms Act, are shown by different signs (illamat), in the Shajra Nasab
     
  4. The columns of the forms of Jamabandi which include Khewat, Khata, Number, Khasra Number, Tarf or Patti with the name of the Lambardar, names of owners, tenants with their brief description, sources of irrigation, name of the field if any, area and class of soil, rent paid by the tenants, share of produce, land revenue details, sarcharg, number, name and kind of mutations, should carefully be written and the details recorded be in remarks columns of the Jamabandi
     
  5. The Jandar Gharats (water mills) which are separately assesed to land revenue are allotted and shown by a separate Khewat, Khata and Khasra number
     
  6. State land is allotted separate Khewat as Sarkar. Maufi lands shall also be shown separately at one place, after the common lands (Shamilat)
     
  7. Column 4 of the Jamabandi also shows the details of the shareholders with their caste, tribe or sub-tribe
     
  8. The names of the owners are shown alphabetically and those of Khasra numbers in radif, in the Jamabandi index, for the convenience of the field functionaries
     
  9. No mutation of right holders can be incorporated in the Jamabandi untill it has been sanctioned by an order passed by a Revenue Officer on the mutation register
     
  10. After completion of the Jamabandi, the Patwari shall draw up a Jamabandi of trees, in the estate. This is known as Jamabandi Drakhatan
     
  11. No Jamabandi is complete without its final attestation (Tasdiq Akhiri) by the Tehsildar
     
  12. Jamabandi is finally consigned to record after its final attestation. One parallel copy of the records of rights is prepared by the Patwari for his own day to day use. It may be mentioned that Jamabandi without final attestation does not have any legal sanctity in the eyes of law
     
  13. In the tracts under settlement, the functions of GQ, Naib and Tehsildar shall be performed by the settlement GQ, Naib Tehsildar and Tehsildar

Reference:
  1. The Jammu and Kashmir Land Revenue Act Svt. 1996
  2. The Jammu and Kashmir Agrarian Reforms Act 1976
  3. The Jammu & Kashmir Agrarian Reforms Rules, 1977, vide SRO No. 58 of Ist February, 1977
  4. Government Order No. Rev.(LB) 133 of 1989, regarding correction of girdawari entries of Kharief 1971
  5. Chowkidari Act and Rules
  6. Lambardari Act and Rules
  7. The Jammu & Kashmir Common Lands (Regulation) Act, 1956.
  8. The Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Rules 2007. (As amended up to 2008)
  9. The Jammu and Kashmir Kahcharai Act Svt. 2011 (1954 AD)
  10. Public Services Guarantee Act 2011
  11. Standing Order No. 22-Girdawari
  12. Standing Order No.23-B Record of Rights and Jamabandi

End Notes:
  1. AIR 1961 AP 361
  2. AIR 1985  234

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