When it comes to property disputes, especially in India, revenue records often become the first line of documentary evidence. These records, maintained by the revenue authorities, reflect crucial information about ownership, possession, tenancy, and land usage. While they are not conclusive proof of title, courts often rely on these records to understand the factual and historical position of the property in question.
What Are Revenue Records?
Revenue records refer to official documents maintained by the local revenue authorities, such as:
- 7/12 Extract (Satbara Utara)
- 8A Extract
- Mutation Register (Ferfar)
- Property Cards
- Land Holding Registers
- Village Forms No. 6, 7, 8, etc.
These records generally show:
- Who is in possession of the land
- What kind of tenure or rights the possessor holds
- Mutation entries and their cause
- Land classification, usage, and area
Why Courts Consider Revenue Records Important
- Proof of Possession
In property litigation, especially in injunction suits, revenue records like the 7/12 extract are frequently used to prove actual possession of the land. Possession, even without ownership, is legally protectable.
- Presumption of Correctness
Revenue entries are made by public officers in the regular course of their duties. As such, under the Indian Evidence Act, they carry a presumption of correctness—until proven otherwise.
- Tracing Title and History
Even though revenue records do not constitute title documents, they help trace the chain of ownership and the historical pattern of possession and mutation.
- Support in Title Disputes
In declaratory suits, if a party claims ownership based on a registered sale deed, and the same is followed by a mutation in revenue records, it strengthens their case.
- Mutation Entries as Evidence
While mutation does not create title, it supports the legitimacy of a transaction and reflects its acceptance by the administrative system. Absence of mutation after purchase may be used by the opposing party to challenge possession or ownership.
What Revenue Records Cannot Do
It is equally important to understand their limitations:
- They are not conclusive proof of title.
- Wrongful or fraudulent entries can and do occur.
- Entries made without due notice or inquiry can be challenged.
- Courts will give more weight to registered documents and physical possession, if proven.
Key Judicial Observations
- Supreme Court in Narasamma v. State of Karnataka (2009):
“Revenue records are not documents of title; they are prepared for fiscal purposes.” - Gujarat High Court (recent rulings):
Repeatedly emphasized that possession reflected in the revenue records holds evidentiary value unless rebutted.
Best Practices for Property Holders
- Ensure timely mutation after any sale/purchase
- Regularly check for unauthorized changes in records
- Maintain certified copies of 7/12, 8A, and mutation entries
- In case of disputes, gather records for at least the last 20-30 years
Conclusion
Revenue records play a pivotal role in civil suits involving land and property disputes, particularly in rural and semi-urban India. While they do not confer ownership, they provide vital support in proving possession, tenancy, and succession. Lawyers, litigants, and even buyers must not overlook the significance of these records while building or defending their case.
