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Report No. 69

V. Other Provisions

14.17. Sometimes, special statutory provisions confer a presumptive value on certain entries. Entries in records-of-rights, for example, are covered by specific provisions. The decision of Sir Dinshah Mulla, in Mahant Krishna Dayal v. Rani Bhuhaneswari, AIR 1931 PC 221, may be seen, which has laid down that the entry in the records-of-rights is presumed to be correct until it is proved to be in-correct by evidence. Such a presumption would arise only as to the entries recorded as authorised by some Act or the rules framed thereunder, and not otherwise.

14.18. The same principle would apply in regard to the presumption of correctness of the records-of-rights finally prepared under West Bengal Estates Acquisition Act, 1953, because of a specific statutory provision.1

1. fatindra Nath Malik v. Sushilendra Nath Palit, AIR 1965 Cal 328 (331).

VI. Recommendation

14.19. The section requires modification only in one point of form. The requirement that the entry must be made in performance of a statutory duty is applicable only to the latter-half of the section. Under the earlier half, the emphasis is on public or official character of the entry and not on its statutory character. We recommend that the section should be suitably split up to bring out this difference between the first-half of the section and the latter-half.

14.20. The revised section should be as follows:

"35. Relevancy of entry in public record, made in performance of duty.-An entry in any public or other official book, register, or record stating a fact in issue or relevant fact, and made by-

(a) a public servant in the discharge of his official duty, or

(b) any other person in performance of a duty specially enjoined by the law of the country in which such book, register, or record is kept, is itself a relevant fact."

Indian Evidence Act, 1872 Back

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