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july 1972

Supreme Court of India · 1972-07-26

BACHAN & ANOTHER vs KANKAR & OTHERS

Citation / case number
SC 1967/332
Court
Supreme Court of India
Petitioner
BACHAN & ANOTHER
Respondent
KANKAR & OTHERS
Bench
RAY, A.N.

Judgment text excerpt

The Supreme Court held that a fictitious entry in land records, as defined under the U.P. Land Revenue Act, is one that is not genuine. The Court ruled that even if an entry is motivated by hostility, if made by the Patwari in the discharge of his public duties, it cannot be deemed fictitious. The Court overturned the High Court's decision that granted Adhivasi rights based solely on such an entry, emphasizing that the correctness of the entry is relevant to the determination of rights. The appeal was allowed, restoring the orders of the Deputy Director of Consolidation and the Settlement Officer.

BACHAN & ANOTHER vs KANKAR & OTHERS · Niyam