Proof of possession
Shwetal Jadhav
(Querist) 20 February 2013
This query is : Resolved
Dear Sirs,
We are having our agricultural land at our village. We stay in Pune in city. We are owning and cultivating the land for the last 13 years with the help of our uncle. Now there is dispute over the land. We have court decree though it is not mutated in 7/12.
I request your advise as to how to prove that we are cultivating/possessing the land for 13 years.
Thanks
prabhakar singh
(Expert) 20 February 2013
The Khasra entries in revenue records ,if made,are presumed to show possession.This presumption is however rebuttable by adducing oral evidence.
Hence you need to adduce oral evidence of witnesses form the village who have seen you or your uncle cultivating irrigating,cutting and using the crop proceeds since last 13 years.
prabhakar singh
(Expert) 20 February 2013
The Khasra entries in revenue records ,if made,are presumed to show possession.This presumption is however rebuttable by adducing oral evidence.
Hence you need to adduce oral evidence of witnesses form the village who have seen you or your uncle cultivating irrigating,cutting and using the crop proceeds since last 13 years.
Shwetal Jadhav
(Querist) 20 February 2013
Thanks Prabhakar Singh Ji. The problem is our uncle was cultivating on our behalf and we are having dispute with him. He is trying to grab the land. As villagers are afraid to be witness. What other evidence can we give?
prabhakar singh
(Expert) 20 February 2013
Apart from your own one more independent witness would be required to corroborate your testimony,best if from village.
Your uncle can not claim adverse possession,if genealogy is same.
Shwetal Jadhav
(Querist) 20 February 2013
Dear Prabhakar Sir, thanks for prompt reply.
I would like to further know whether the following documentary evidence will be acceptable like
1. receipts taken from separate persons for independent activities like ploughing, sowing and harvesting work.
2. Further the receipt for selling the crops in the market.
3. Receipts for purchasing seeds, fertilisers, etc.
prabhakar singh
(Expert) 20 February 2013
2&3 would be corroborative of the facts deposed by party but they would be required to be formally proved either by one who issued them accepting his writing and contents or by person in whose favor they are issued deposing that they are written and signed by so and so in his presence and delivered to him and that he recognizes the signature thereon to belong to so and so.
But these 2&3 receipts are proof of facts relevant to the issue but not of the facts directly in issue.
In case of receipt 1.court could place reliance only when it's issuer is produced to depose.Normally such receipts(1) are not in practice .
Shwetal Jadhav
(Querist) 21 February 2013
Dear Experts,
Kindly advise as to whether electronic evidence like video showing cultivating the land OR photographs taken on the field will help to prove the possession of the agricultural land.
Shwetal Jadhav
(Querist) 05 March 2013
Dear Experts,
Kindly advise as to whether electronic evidence like video showing cultivating the land OR photographs taken on the field will help to prove the possession of the agricultural land.
mahendrakumar
(Expert) 07 March 2013
does such photgraph/videos have the date and time of recordings.
prabhakar singh
(Expert) 07 March 2013
Does such photograph/videos have the date and time of recordings.? is one aspect and the other is that can not it be manipulated?
And more over is it not very unnatural Unless the same is done on some "pooja" day,which is in many geographies a custom.
So take care of these things.
But yet you need one oral testimony independent from the party to corroborate what ever you say as party.Other wise the other side shall cry truth does not lie in your side as you do not have a single independent testimony to corroborate,and your statement would be of an interested party even if you are not shaken by cross of other side.
Raj Kumar Makkad
(Expert) 07 March 2013
Photographs or the video recording shall not be of much help to establish the possession over the land rather other evidence like revenue record, electricity connection, posts received thereon clubbed with oral evidence shall suffice.
