1

THE RECORD-OF-RIGHTS

The term ‘record-of-rights’ popularly known as ‘khatian’ has not categorically been defined
anywhere in the Act, but has been dealt with great importance. Conceptually ‘record-of-rights’ is such a
document which contains all the particulars of the concerned holding or holdings and the person or
persons whose prima facie entitlement of right, title and interest over those holding or holdings are
accrued. Primarily it determines the right over the land in respect of the concerned holding. From the very
nature of the discussion it appears that the record-of-rights is a valuable legal document applicable to all
the land-owners in order to establish right, title and interest over their lands until it is proved otherwise.
This is prepared from time to time as and when its necessity becomes evident. Above all, a record-of-
rights containing all the details as required and published finally after being prepared properly as
provided by law, is a piece of legal document in case of establishing title. The entries in the record-of-
rights are presumed to be correct prima facie so long it is not rebutted.1

HISTORY OF RECORD-OF-RIGHTS

From the history of land survey so far made in this part of the sub-continent, the record-of-
rights has been made three times: firstly, C.S (cadastral Survey) during the British regime under the
provisions of Bengal Tenancy Act, 1885, thereafter S.A. (state Acquisition) during Pakistan period under
the provisions of Chapter IV of the State Acquisition and Tenancy Act, 1950, and lastly R.S (provisional
Settlement, which prevails presently) under the provision of section 144 of the State Acquisition and
tenancy act, 1950.

C.S. is the first systematic and statutorily record-of-rights made under the provisions of the
Bengal tenancy Act, 1885 or Sylhet Tenancy Act, 1936. At the time of the settlement under B.T. act,
Sylhet territory was the part of Assam, so it could not be possible when C.S was prepared. Subsequently
settlement was made by separate Sylhet Tenancy Act, 1936 when this territory finally became the part of
Bengal.

With the enactment of the State Acquisition and Tenancy Act, 1950 (SAT Act), it becomes
necessary either to revise the record-of-rights made earlier under B.T. act or to prepare afresh where
settlement of record-of-rights has not been prepared at all. There are two provisions in the State
Acquisition and Tenancy Act, 1950 Act in respect of making the settlement: one the State Acquisition and
Tenancy Act, 1950 under section 144 of the Act. The State Acquisition and Tenancy Act, 1950 record-of-
rights has been prepared on the eve of acquisition of the rent-receiving interests of the rent-receivers and
the R.S. has been made under the provision of section 144 of the same Act. This is worth mentioning here
that the provisions of preparation of R.S. record-of-rights prevail all over the country. Wherever any
survey and settlement work is presently made in the country, it is made under the provision of section
144.2

1
A TEXT-BOOK ON LAND LAWS OF BANGLADESH BY Dr. M. Rabiul Hossain
2
A TEXT-BOOK ON LAND LAWS OF BANGLADESH BY Dr. M. Rabiul Hossain
 2

PRESUMPTIVE VALU OF RECORD-OF-RIGHTS

Though Record-of-rights is called the foundation of ownership of lands, it does not act as the
document of title. It has got some presumptive value. Some Record-of-rights can create presumption of
possession and title, e.g., S.A. Khatiyan can create presumption of possession but not title; while C.S.
Khatiyan can create presumption of possession and title. Some Record-of-rights can create presumption
of correctness and some cannot, e.g., the presumption of correctness with regard to S.A. Khatiyan does
not arise; it is available in the case of C.S. khatiyan. It is generally said that every entry in the Record-of-
rights shall be presumed to be correct until it is proved by other evidence e.g., recital of kabala i.e.
registered instrument, rent receipts (D C R) etc. to be correct. However, until the Record-of-rights is
finally published, no presumption of correctness arises. In terms of correctness, the C.S. Record-of-rights
(khatiyan) is considered to be the most authentic one.

What is Khatiyan?

• This is a Persian word.

• Document for identifying land.
• Documents prepared through survey for the purpose of determining possession, ownership and
Assessing land development tax is known as khatiyan.
• It is also known as record of rights, sottolipi orporcha.
• This is only record of rights but this is not a deed of ownership.
• Each upazilla is divided into small plots. These plots are known as mouza. the mouza is given a
number. The number is known as mouza number. It is also known as jurisdiction list number.
• mouza again is divided into plots. This number usually begins from north-west point and ends up
to the south-east point.
• A particular owner or several owners may have several plots. A khatiyan is opened for a/more
complete plot or part of a plot.
• Hundred khatiyans are bound together mouza wise. So it may increase in number depending on
the khatiyans.
• A separate jott number is also given in tahsil office for payment of land development tax.

CLASSIFICATION OF RECORD OF RIGHTS

1) Jareep Khatiyan
➢ SA Khatiyan
➢ RS Khatiyan
➢ BS Khatiyan
➢ City Jareep
➢ CS Khatiyan
➢ Diara Jareep etc

2) Mutation Khatiyan
 3

Mutation Khatiyan:

Normally Khatyan is made through jareep. But jareep does not always take place. Property may be
transferred in-between two jareeps. Then the change of ownership needs to be reflected in the Khatiyan.
Such kahtiyan done through mutation proceedings is known as mutation khatiyan. AC Land office does
this.

JAREEP KHATIYAN

Khatiyan is prepared through land survey. This survey is conducted by Land Record and Survey
Department situated at Tejgoan. It has its own press to print Khatiyan. Khatiyan are given nomenclature
according to the name of the survey i.e. CS khatiyan, RS Khatiyan , SA Khatiyan etc.

CLASSIFICATION OF SURVEY /JAREEP KHATIYAN

CS Khatiyan :

This khatiyan was prepared under Bengal Tenancy Act 1885. This is known as Cadastral Survey. This
survey started from ramu of Cox’s Bazar upazila on 1888 and ends on 1940.

RS Khatiyan :

After 50 years of CS survey another survey was held on. This survey was known as revisional
Survey and the khatiyan made from this survey is known as RS Khatiyan. The purpose of this survey is to
update the amount of land, owner’s name and possessor’s name. It is more authentic than the CS khatiyan.

SA Khatiyan :

This Khatiyan was prepared under State Acquisition and Tenancy Act 1950. Actually this is not a
practical Survey or this is not based on field survey. This khatiyan was made on the information was
given by the Zamindar or Landlord. SA khatiyan means State acquisition khatiyan or Settlement
Attestation. It is also known as PS khatiyan or Pakistan Survey Khatiyan. This is not an authentic
khatiyan.

BS Khatiyan :

This is the more authentic khatiyan than all other khatiyan. A survey was started on 1970 which is
continuing till now. This survey is known as Bangladesh Survey and the khatiyan made from BS survey
is known as BS Khatiyan or Bangladesh Survey Khatiyan.
 4

SOME IMPORTANT ASSESSMENTS FOR KHATIYAN AND LAND:

• 20 Til/ 06 Donto = 1 Kranti/ Konto.

• 03 Kranti/ Konto = 1 Kora.
• 04 Kora = 01 Gonda.
• 20 Gonda = 01 Aana/ Kani.
• 16 Aana = 01/ 01 Taka.
• 16 Kani = 01 Dron.
• 01 Gonda = 2 Shotok/ Decimal.
• 01 Gonda = 1.2 Katha.
• 01 Gonda = 864 Sq Ft.
• 01 Katha = 715 Sq Ft.
• 01 Shotok/ Decimal = 432 Sq Ft.

HOW TO IDENTIFY DIFFERENT OF KHATIYAN:

RS Khatiyan :

1. Vertical and it has two pages.

2. The name of the district, Mouja and number of khatiyan is written on the top of the first page of this
Khatiyan.

3. “According to Section 105/106/108/109…” this is written at the bottom of the first page.

4. “Possessor of north frontier” is the second column of second page.

5. The owners are mentioned in different groups and these groups are marked by Bengali

alphabet.

PS Khatiyan :

1. Vertical and it has two pages.

2. The name of the district, Mouja and number of khatiyan is written on the top of the first page

of this Khatiyan. Besides RS Khatiyan number is mentioned over the PS Khatiyan number.

3. “According to Section 49/50/51/52 or 53…” this is written at the bottom of the first page.

BS Khatiyan :

1. Horizontal and it has one page.

2. All Columns are mentioned in the front page of this khatiyan.

 5

PROCEDURES FOR THE PREPARATION OR REVISION OF THE RECORD-OF-

RIGHTS

There are different stages and procedures for the revision of the Record-of-rights. Procedures for the
preparation or revision of the record-of-rights have been laid down in-

• Tenancy Rules, 1955

• Survey and Settlement Manual, 1935
• Survey act, 1875 and
• Some other technical rules framed for this purpose.

Under section 144 the government has discretion to revise the record-of-rights prepared and revised
under sections 17-19. In 1967, by the East Pakistan Ordinance No. VIII of 1967 the words ‘prepared
and revised’ were substituted for the word ‘revised’. Now the Government, if it thinks fit, may
exercise its power by making an order to revise the record-of-rights prepared or revised previously or
prepare it afresh under section 144(1) read with the Tenancy Rules, 1954 or 1955.

When the Government makes an order for the preparation and revision of the Record-of-rights,
the Revenue Officer executes all the proceedings and orders under the control and supervision of the
superior Revenue Authority meaning Director of Land records and Surveys under Rule 44 of the
Tenancy Rules, 1955. For purposes of preparation and revision of the Record-of-rights, the Revenue
Officer is appointed with the additional designation of the Settlement Officer or Assistant Settlement
Officer under rule 36 of the Tenancy Rules, 1955. The Revenue Officer exercises all the powers
vested in the Settlement Officer or the Superintendent of survey or civil court as laid down in Rules
37-44 of the Tenancy Rules, 1955.

Besides the Government’s own initiative, there are certain other grounds for which the Government
can order to revise or prepare the Record-of-rights under section 144(2), namely-

• Where not less than one-half of the total number of tenants applies for such an order;
• Where the preparation or revision of such a record is calculated to settle or avert a serious
dispute existing or likely to arise amongst the tenants ; and
• Where a settlement or rent is being or about to be made in respect of a district, part of a
district or local area.

Now if the preparation or revision of record-of-rights has been directed under sub-section 2(a)
and (b), the cost of preparation or revision of record-of-rights is recovered from raiyats under
section 145. A notification in the official Gazette of an order sub section (1) shall be conclusive
evidence that the order has been duly made.3

Under section 144 (4) when an order is made under sub section (1), the Revenue Officer
shall record in the Record-of-rights to be prepared pr revised in pursuance of such particulars as
may be prescribed.

3
State Acquisition and Tenancy Act, 1950 section 144(3).
 6

Preparation of record-of-rights according to the Section 17 of State acquisition and tenancy

act, 1950: STATE ACQUISITION AND TENANCY ACT, 1950

(1) The Government may, with a view to acquisition under the provisions of this Act of the interests of all
rent-receivers within any district, part of a district or local area and of such other interests in land therein
as are liable to be acquired under the provisions of this Act, and with a view to the assessment of
compensation payable for all such interests including the interests which have already been acquired
under Chapter II, make an order directing-
(a) that a record-of-rights be prepared in respect of such district, part of a district or local area, or

(b) that the record-of-rights, last prepared and finally published under Chapter X of the Bengal Tenancy
Act, 1885, in respect of such district, part of a district or local area, be revised, by a Revenue-officer in
accordance with the provisions of this Chapter and with such rules as may be made in this behalf by the
Government.

(2) If any order has been made under section 101 of the Bengal Tenancy Act, 1885, or under section 117
of the Sylhet Tenancy Act, 1936, for the preparation of a record-of-rights in respect of any district, part of
a district or local area, but the preparation of such record-of-rights has not been completed or such record-
of-rights has not been finally published at the time when an order is made under sub-section (1) for the
preparation or revision of a record-of-rights in respect of such district, part or area, then on the making of
an order under the said sub-section, all further proceedings relating to the preparation of the record-of-
rights under the said Act shall be stayed; and such record-of-rights shall be prepared in accordance with
the provisions of this Chapter and with such rules as may be made in this behalf by the Government:

Provided that any proceedings in respect of the preparation of such record-of-rights commenced under
Chapter X of the Bengal Tenancy Act, 1885, or under Chapter IX of the Sylhet Tenancy Act, 1936, and
undertaken prior to the publication of the draft of such record-of-rights under section 103A of the Bengal
Tenancy Act, 1885, or under section 119 of the Sylhet Tenancy Act, 1936, as the case may be, shall, for
the purposes of the preparation of such record-of-rights under this Chapter, be deemed to have been
commenced and undertaken under this Chapter.

(3) A notification in the official Gazette of an order under sub-section (1) shall be conclusive evidence
that the order has been duly made.
 7

PARTICULARS TO BE RECORDED IN THE RECORD-OF-RIGHTS (RULE 26 OF

TENANCY RULES, 1955)

The particulars to be recorded in the Record-of-rights shall include, either without or in addition to other
particulars, same or all of the following, namely-

a) The name, father’s name and address of each tenant or occupant;

b) The class to which each such tenant or occupant belongs;
c) The situation, class, quantity and one or more of the boundaries of the held by each tenant or
occupant;
d) The rent payable at the time the Record-of-rights is re-vise;
e) The amount payable in respect of any rights of pasturage, forest rights, rights over fisheries and
the like at the time the Record-of-rights is being revised, the conditions and incidents
appertaining to such rights, and if the amount is a gradually increasing one, the time at which and
the amount by which, it increases;
f) The mode in which the rent has been fixed whether by contract, by order of a Court, or
otherwise;
g) If the rent is a gradually increasing one, the time at which and the steps by which it increases;
h) The rights and obligations of each tenant in reject of
I. The use by tenants, of water for agricultural purposes, whether obtained from a river,
jhil, tank or well, or any other source of supply, and
II. The repair and maintenance of appliances for securing a supply of water for the
cultivation of the land held by each tenant or for prevention of the onrush of flood water,
whether or not such appliances be suited within the boundaries of the land;
i) The special conditions and incidents, if any, of the tenancy;
j) Any right of way or other easement attaching to the land for which a record-of-rights.

MAINTENANCE OF THE RECORD-OF-RIGHTS:

According to the section 143 of The State Acquisition and Tenancy Act, 1950-

The Collector shall maintain up-to-date, in the prescribed manner, the record-of-rights prepared
or revised under Part IV or under this Part by correcting clerical mistakes and by incorporating
therein the changes on account of-

(a) the mutation of names as a result of transfer or inheritance;

(b) the subdivision, amalgamation or consolidation of holdings;

(c) the new settlement of lands or of holdings purchased by the Government; and

(d) the abatement of rent on account of abandonment or diluvion or acquisition of land.

 8

CORRECTION OF THE RECORD-OF-RIGHTS UPON INHERITANCE:

According to section 143B of The State Acquisition and Tenancy Act, 1950-

(1) Person acquiring immovable property by inheritance according to their respective personal
laws shall amicably effect partition of the property among them after the death propositus. After
such partition, an instrument of partition shall be prepared and signed by all the concerned parties
and shall be registered under the Registration Act, 1908.

(2) Upon presentation of the instrument of partition prepared, signed and registered under sub-
section (1), the Revenue-officer shall revise the Khatiyan in accordance therewith.

PROCEDURE FOR CORRECTION OF THE RECORD-OF-RIGHTS:

According to section 143C of The State Acquisition and Tenancy Act, 1950-

(1) The Revenue-officer on receipt of the notice under section 89 shall open a file for mutation of
record-of rights and shall issue notice to the co-sharers of the holding for mutation.
(2) For this purpose the Revenue-officer shall fix a date for objection if any. If no objection is
raised within the stipulated period, the Revenue-officer shall correct the record-of-rights
accordingly.
(3) If any objection is filed by any co-sharer of the holding, then the Revenue-officer shall fix a
date for hearing both the parties, and after hearing, the Revenue-officer shall pass an order stating
the reasons thereof, and the record-of-rights shall be corrected accordingly.

REVISION OF-RECORD-OF-RIGHTS:

According to section 144 of The State Acquisition and Tenancy Act, 1950-

(1) The Government may in any case if it thinks fit make an order directing that a record-of-rights
in respect of any district, part of a district or local area be prepared or revised by a Revenue-
officer in accordance with such rules as may be made by the Government in this behalf.
(2) In particular, and without prejudice to the generality of the foregoing power, the Government
may make such order in any of the following cases, namely:-

(a) where not less than one-half of the total number of tenants applies for such an order;

(b) where the preparation or revision of such a record is calculated to settle or avert a serious
dispute existing or likely to arise amongst the tenants; and

(c) where a settlement of rent is being or about to be made in respect of any district, part of a
district or local area.

(3) A notification in the official Gazette of an order under sub-section (1) shall be conclusive
evidence that the order has been duly made.
 9

(4) When an order is made under sub-section (1), the Revenue-officer shall record in the record-
of-rights to be prepared or revised in pursuance of such order such particulars as may be
prescribed.

(4A) (i) Notwithstanding anything contained elsewhere in this Act, the Revenue-officer shall also
assess or re-assess rent on land in the following cases, namely:-

(a) where any land held by a raiyat or non-agricultural tenant has not been assessed to any rent
under Chapter IV or section 98A, nor has any rent been settled in respect of such land under
section 107; or

(b) where any land assessed to rent as agricultural land under any of the provisions mentioned in
clause (a), is subsequently used for a non-agricultural purpose or vice versa. In assessing or re-
assessing any rent under this sub-section, the Revenue-officer shall have regard to the principles
laid down in section 26.

(ii) Where only a part of a holding is used for non-agricultural purpose, the Revenue-officer shall
take action on the principles laid down in sub-section (3) of section 98A.

(5) When a record-of-rights has been prepared or revised so as to contain or include therein the
particulars referred to in sub-section (4) and the rents assessed or re-assessed under sub-section
(4A)], the Revenue-officer shall publish a draft of the record-of-rights so prepared or revised in
the prescribed manner and for the prescribed period and shall receive and consider any objections
which may be made to any entry therein or to any omission there from during the period of such
publication.

(6) Any person aggrieved by an order passed by the Revenue-officer on any objection made
under sub-section (5) may prefer an appeal to the prescribed Revenue Authority not below the
rank of an Assistant Settlement Officer in such manner and within such period as may be
prescribed.

(7) When all such objections and appeals have been considered and disposed of according to such
rules as the Government may make in this behalf, the Revenue-officer shall finally frame the
record and shall cause such record to be finally published in the prescribed manner and the
publication shall be conclusive evidence that the record has been duly prepared or revised under
this section.

(8) When a record-of-rights has been finally published under sub-section (7), the Revenue-officer
shall, within such time as the Director of Land Records and Surveys] may fix in this behalf, make
a certificate stating the fact of such final publication and the date thereof and shall date and
subscribe the same with his name and official title.
 10

STAGES OF THE WORK (RULE 27 0F THE TENANCY RULES, 1950)

1. TRAVERSE SURVEY:
(Rule 21 of the State Acquisition Rules, 1951)- The cadastral survey shall be based upon a
traverse survey, and such traverse survey shall ordinarily be carried out by theodolite
observations. If possible, the traverse survey shall be connected with one or more points which
have been fixed by previous surveys.

2. CADASTRAL SURVEY:
(Rule 27A of the Tenancy Rules, 1955) – in the course of proceedings under Section 144, a large
scale map showing therein roads, rivers, railways, homestead, fields, and other physical features
of the country shall be prepared for each village, as a unit of survey and record. Procedure up to
Attestation is under Rule 28 of the Tenancy Rules, 1955.

3. ERECTION OF BOUNDARY MARKS:

(Rule 23 of the State Acquisition Rules, 1951)- Boundary marks of a permanent nature shall
ordinarily be erected at every point where the boundaries of three villages meet, and may also be
erected at any other points where this is necessary , in the opinion of the Revenue Officer, for the
definition of the boundary.

4. PRELIMINARY RECORD WRITING OR KHANAPURI:

(Rule 24 of the State Acquisition Rules, 1951)- The draft record shall consist of statements of
rights which are hereinafter styled as the khatians. There shall ordinarily be a separate Khatiyan
for each person interested, or each group of person jointly interested in the land, and each
Khatiyan shall show the rights and liabilities of each person or group of persons.

5. LOCAL EXPLANATION OR BUJHARAT:

(Rule 25 of the State Acquisition Rules, 1951)- When the areas of the fields have been extracted
and entered in the preliminary record, a copy of each tenant shall be made over by a Revenue
Officer or a Kanungo to the person or group of persons in whose names the khatiyan has been
opened, or to their representatives.
Each khatiyan shall then be examined on the ground with reference to the village map, by a
Revenue Officer or a Kanungo, and shall be explained to the person or persons concerned, or
their representatives. The revenue officer shall make such corrections as are necessary in the map,
in the draft record, and in the copies of khatiyan which have been distributed.

6. ATTESTATION:
(Rule 26 of the State Acquisition Rules, 1951)- This stage shall be taken up after the tenants have
been allowed a sufficient interval to study their copies of the khatiyans. The attestation of each
village shall be taken up at a convenient place in or near the village. At least one month before
tenants will be given due notice to bring with them their copes of khatiyans. As such person
appears before him, the Revenue Officer shall examine his khatiyan, read out the all important
entries, make corrections as necessary, and that khatiyan is complete in all particulars.
 11

7. PUBLICATION OF DRAFT RECORD-OF-RIGHTS:

(Section 144(5) and rule 29 of the Tenancy rules, 1955)- After completion of attestation, the
revenue officer shall publish the draft record-of-rights by the placing it for public inspection free-
of-charge during a period of not less than one month at such convenient place as he may
determine.

8. OBJECTION:
(Section 144(5) and rule 30 of the Tenancy rules, 1955)- The Revenue Officer shall receive and
consider any objections which may be made to any entry in the draft record on giving the person
so interested an opportunity of being heard.

9. APPEAL:

(Section 144(6) and rule 31 of the Tenancy rules, 1955)- Any aggrieved by an order passed by
the Revenue Officer may prefer an appeal to the prescribed Revenue Authority with the
designation of settlement Officer within 30 days from the date of the order appealed against.

10. PREPARATION AND PUBLICATION OF FINAL RECORD:

(Section 144(7) and rule 33 of the Tenancy rules, 1955)- when all such objections and appeals
have been considered and disposed of according to such rules as the Government may make in
this behalf, the Revenue Officer shall finally frame the record and shall cause such record to be
finally published and the publication shall be conclusive evidence that record has been duly
prepared or revised.
The Revenue Officer shall publish the record-of-rights by placing it for public inspection, free of
charge during day period not less than 30 days at such convenient place as he may determine and
it will be open to public inspection.
It is to be noted that when an order4 for preparation or revision of record-of-rights has been made
under section 144(1), the jurisdiction of the civil court is ousted section `144B to entertain any
suit or application for challenging any incidents of tenancy in such area or any process relating to
preparation or revision of record-of-rights. In addition, the pending suits relating to any of such
matters will be abated as well.

CERTIFICATION OF FINAL PUBLICATION:

Section 144(8) and Rule 34 of the Tenancy Rules, 1955 says that when a record-of-rights has
been finally published under sub-section (7), the Revenue Officer shall, within sixty days from the date of
final publication ( as the director of land records and surveys may fix in this behalf), make a certificate
stating the fact of such final publication and date thereof and shall date and subscribe the same with his
name and official title.
 12

FORUM FOR THE CORRECTION OF RECORD-OF-RIGHTS:

After the final publication of the last revised record-of-rights, every suit arising out of such
publication shall be laid down to the Land Survey Tribunal, not to the Civil Court. The newly inserted
chapter XVIIA of the State Acquisition and Tenancy Act, 1950 lays down the provision for Land Survey
Tribunal and Survey Appellate Tribunal.

a) LAND SURVEY TRIBUNAL :

Section 145A runs as follows:
145A. (1) The Government may, by notification in the official Gazette, establish as many
Land Survey Tribunals as may be required to dispose of the suits arising out of the final
publication of the last revised record-of-rights prepared under section 144.

(2) The Government may, by notification in the official Gazette, fix and alter the
territorial limits of the jurisdiction of any Land Survey Tribunal.

(3) The Government shall, in consultation with the Supreme Court, appoint the judge of
the Land Survey Tribunal from among persons who are Joint District Judges.

(4) No suit other than the suits arising out of the final publication of the last revised
record of rights prepared under section 144 shall lie in the Land Survey Tribunal.

(5) If any suit arising out of the final publication of the last revised record-of-rights
prepared under section 144 is instituted in any civil court before the establishment of the
Land Survey Tribunal under this section, such suit shall stand transferred to the Tribunal
as soon as it is established.

(6) Subject to the provision of sub-section (7), any person aggrieved by the final
publication of the last revised record-of-rights prepared under section 144 may, within
one year from the date of such publication or from the date of the establishment of the
Land Survey Tribunal, whichever is later, file a suit in such Tribunal.

(7) A suit may be admitted within next one year after the expiry of the period specified in
sub-section (6), if the Land Survey Tribunal is satisfied with the reasons for delay shown
by the plaintiff.

(8) The Tribunal shall be competent to declare the impugned record-of-rights to be

incorrect and further direct the concerned office to correct the record-of-rights in
accordance with its decision, and may also pass such other order as may be necessary.
 13

b) LAND SURVEY APPELLATE TRIBUNAL:

Section 145B says:
(1) The Government may, by notification in the official Gazette, establish as many Land
Survey Appellate Tribunals as may be required to hear the appeals arising out of the
judgment, decree or order of the Land Survey Tribunals.

(2) The Government may, by notification in the official Gazette, fix and alter the
territorial limits of the jurisdiction of any Land Survey Appellate Tribunal.

(3) The Government shall appoint the judge of the Land Survey Appellate Tribunal from
among persons who are or have been Judges of the High Court Division of the Supreme
Court.

(4) No appeal other than the appeals arising out of the judgment, decree or order of the
Land Survey Tribunal shall lie in the Land Survey Appellate Tribunal.

(5) Subject to the provision of sub-section (6), any person aggrieved by any judgment,
decree or order of the Land Survey Tribunal may, within three months from the date of
such judgment, decree or order, prefer an appeal to the Land Survey Appellate Tribunal.

(6) An appeal may be admitted within next three months even after the expiry of the
period specified in sub-section (5), if the Land Survey Appellate Tribunal is satisfied with
the reasons for delay shown by the appellant.

CONCLUSION

Thus, the record-of-rights is the most important document by which we can recognize the chain of title.
Though, it is a proof of present possession, it has a significant evidentiary value in establishing title as
well.

In the Record-of-rights prepared under the State Acquisition and Tenancy Act, 1950, only the name of the
tenants was written as they were tenants directly under the Government. On entering fields, the
government Amin measures lands, draws map for each plot of lands, examines the legality of the
possession of the possessor with the help of the Settlement Officer and writes amount of lands, class of
the lands, rent etc. in it. This sheet is called the Record-of-rights. It is called porcha in some areas but
normally the certificate copy of a record-of-rights is known as porcha.4

4
Lectures on land law by DR MOHAMMAD TOWHIDUL ISLAM
 14

Bibliography
LECTURES ON LAND LAW BY DR MOHAMMAD TOWHIDUL ISLAM
LAND LAWS OF BANGLADESH BY DR. M. RABIUL HOSSAIN
STATE ACQUISITION AND TENANCY ACT BY DLR ( Fifth Edition)
LAND LAWS OF BANGLADESH BY DR. L. KABIR

EXTRA REFERENCES

http://zaman71.blogspot.com/2014/01/record-of-rights-khatiyan.html
https://www.scribd.com/document/264033731/Khatian-Learning