Periodical Record of Rights
Periodical Record of Rights(JAMA Bandi) Under Land Revenue Act 1967
Discuss periodical record of rights:
Introduction:Periodical records of rights:
- (i) The collector shall cause to be prepared by the Patwari of each estate periodically, as the board of revenue may direct, an edition of any records of rights amended in accordance with the provision of this chapter.
- (ii) Such edition of the records of rights shall be called periodical record for estate, and shall comprise the statement mentioned in clause (a) of sub- section (2) of section, 39, and such other document, if any, as may be prescribed.
- (iii) For the preparation of periodicals the collector shall cause to be maintained by the patwari of each estate a right of mutations in prescribed form and other prescribed registers, if any.
Documents included in periodical record of rights:
- (i) Jamabandi register haqdaran.
- (ii) Title page of register haqdaran zamin.
- (iii) Genealogical tree.
- (iv) Index number
- (v) Note of changes in kind of soil.
- (vi) Register of haqdaran nakhilstan.
- (vii) Statement of distribution of water.
- (viii) Statement of rights in water mills.
- (ix) Supplementary map.
- (x) Fard badar.
- (xi) Note of attestation by Kanango.
- (xii) Note of attestation by the revenue officer.
- (xiii) Final attestation certificate of register haqdaran zaimn.
- (xiv) List of revenue assignments and Pensions.
The procedure of Making Records of rights
I. Preparation of part relating to the land owner.
- (i) Inheritance.
- (ii) Purchase.
- (iii) Gift or.
- (iv) Otherwise
Patwari shall furnish a copy of the report free of cost to the person making the report and also send a copy of the report, within a week of its receipt by him to the union committee. town committee, or union council within which the estate is situated.
If the patwari fails to record the report the person concerned may make the report in writing to the revenue officer concerned and Nazim of the union council, union committee, or town committee in which the estate is situated by registered post acknowledgment due.
II. Preparation of part relating to other persons:
If it is undisputed, it shall be recorded in the prescribed manner. if it is disputed it will be entered by the patwari in the register of mutation. the revenue officer after hearing the parties concerned passes the necessary order and it is incorporated in the register haqdaran zamin when it is prepared.
10 Columns of Register of Periodical Record of Rights ( رجسٹر Øقداران زمین)
Register Haqdaran Zamin is one of the most important documents of the record of rights as well as periodical record as prescribed by section 39(2) of the Land Revenue Act, 1967, and Rule 72(i) of the Punjab Land Revenue Rules, 1968. It is Form No. (XXXIV). It is compiled by the Patwari, checked by Kanugo, Naib‑Tehsildar, Tehsildar, and supervised by Collector.
Column No. 1:
- (a) Owners' holdings in the order in which their names are given in the Genealogical Tree (Shajra Nasab). The individual holding of owners is arranged prior to their joint holdings.
- (b) A mortgagee in actual possession and paying land revenue is given a Khewat number except as provided in Item (vi) of the sub‑para. (5).
- (c) If there is any common (Shamilat) land belonging to all the owners of the Patti, Taraf, Khel, or Jum, it is entered in a separate Khewat after the Khewat of the individual and joint owner of that Patti, Taraf, Khel or Jum. Similarly, common (Shamilat) land belonging to all the owners of the estate is entered in a separate Khewat after the Khewat of the individual and joint owners of the estate.
- (d) After the Khewat of common (Shamilat) land, the land owned by Municipal Committee or Town Committee, etc., District Council, Provincial Government, and Central Government should be entered.
- (e) The Khewat of Abadi Deh (land which is occupied as inhabited site of a Town or village) is entered at the end. No. Khewat in last Register Haqdaran Zamin is entered in a red ink below the figure for new Khewat number.
Column No.2:
- (ii) The Khatauni holdings within each Khewat is arranged in the following order:
- (a) The holding, if any, cultivated by the landowner himself (Khud Kasht).
- (b) The holding, if any, cultivated by the landowner through a tenant‑at will.
- (c) The holding of the occupancy tenant, if any, cultivated by the occupancy tenant himself.
- (d) The holdings, if any, cultivated by the occupancy tenant through tenant‑at‑will.
- (iii) If a tenant holds land under one owner part in occupancy right and part as a tenant‑at‑will, the whole is entered as a single holdings, the fields held under each tenure, and; if necessary, their rent is p separately detailed.
- (iv) Where there are several tenancy holdings under one proprietor the tenants in their several classes are entered in alphabetical order.
Column No.3 (Name of the owner with description):
Column No.4 (Name of a cultivator with description).
- (i) Cultivating Owners;
- (ii) Occupancy tenants under the Tenancy Act;
- (iii) Tenants under the Colonization of Government Lands Act;
- (iv) Tenants for a fixed term exceeding one year;
- (v) Tenants‑at‑will;
- (vi) Other cultivators;
- (vii) Partners in cultivation;
- (viii) Field workers.
- (a) If the land is cultivated by the sole owner or owners jointly, the entry is made as self‑cultivation (Khud Kasht/Khud Abad).
- (b) if one of the owners alone is in cultivation, the entry is made Kasht Flan Hissadar.
- (c) If the land is uncultivated and is in the possession of an owner or owners, the words Maqbooza Malik/Maqbooza Malikan or Maqbooza Flan Hissadar is entered.
- (d) If some land is cultivated by the owner or owners and some' uncultivated is also in his or their possession, separate Khatuhi fort cultivated and uncultivated area is not formed and an entry of Khud Kasht as Maqbooza Malik/Malikan is made.
- (e) If a person cultivates certain survey/Khasra Nos. partly as co‑sharer F (Hissadar) and also pays due rent of the same land to other cosharers, the entry is made "A". co‑sharer himself (Bazatehi) 1/3rd and on behalf of "B" co‑sharer 2/3rd. (Bazatehi 1/3rd and Hissadar 2/3rd).
- (a) Where a tenant having right to occupancy legally exists, he , is recorded as Muzaria Mouroosi, Buzgar Dakhilkar, Muqarraridar or Mouroosi Hari etc. according to the local usage alongwith the relevant provisions of the Tenancy Act.
- (b) Where the section of the Tenancy Act applicable has been omitted, the deficiency is not supplied without a mutation.
- (c) The entries of this column shows:
- (i) Whether the land is cultivated by the occupancy tenant himself;
- (ii) Whether .the land is cultivated by a Muzaria or Hari of the occupancy tenant;
- (iii) Whether the land has been leased out to a tenant and is cultivated by that tenant or by a Muzaria or Hari of the tenant.
Column No.5
Survey/Khasra No. and name, if any: The terms "Survey Number" or "Khasra Number" as defined in clause (25) of section 4 of the Land Revenue Act means a portion of the land of which the area is separately entered under an indicative number in the record of right.
Column No.6
Column No.7
Column No.8
- (a) A definite share of the crop (Lagan Batai);
- (b) Cash rent for particular crops which cannot conveniently be divided, at a fixed rate per Kanal or area, etc. (Lagan Zabti);
- (c) Cash rents paid, on land irrespective of the crop grown upon it (Lagan Naqdi);
- (d) Lump grain rents or rents consisting of a fixed amount of grain in the spring and a fixed amount of money in the autumn harvest (Lagan Chakota); and
- (e) A definite share of crops in addition to some cash at a certain rate per Kanal or per Acre.
Column No.9.
Column No.10
Remedy open to aggrieved person:
If a person aggrieved or injured by an entry in record of rights or in periodical record of right then he can file a suit for declaration for his right under section 42 of the specific relief act.
If entry in Periodical Record (Khasra Girdawari), was not correct, then the aggrieved party should have filed a declaratory suit as visualized by S. 53 of West Pakistan Land Revenue Act, 1967. Variation in Periodical Record (Khasra Girdawari) can be made with respect to the undisputed acquisition of an interest in terms of S.43(a) of West Pakistan Land Revenue, Act, 1967, on the basis of facts proved or admitted. Such corrections are permissible with the consent of all parties or which are supported by a decree or order binding on parties and not otherwise 2005 YLR 890
Important Case laws Regarding Periodical Record of Rights:
Presumption of truth
Record of right/Periodical Record carried weight, was to be presumed to be true until the contrary was proved. Old entries in revenue Record had acquired presumption of correctness under Art. 100 of Qanun-e-Shahadat, 1984 2022 YLR 2195
Presumption of correctness is attached only to Column No.3 of ownership and Column No. 4 of possession. Entries in Column No.9 of Periodical Records pertaining to Lagan are not to take precedence over any of the other two columns unless and until its entries are independently proved by the person who claims the benefit of the same. 2003 CLC 1785
Correction in revenue Record:
Disputed entries having been incorporated in the Revenue Record could only be corrected through decree of Court and not by order of any of the official in the hierarchy of revenue authorities, particularly after the lapse of more than five decades. 2022 MLD 143
If any person considers himself aggrieved by any entry in the Record -of-rights or in any Periodical Record as to any right which he possesses, he may institute a declaratory suit for' this purpose under Chapter VI, Specific Relief Act, 1877. [2007 MLD 884]