Rules-65 & 66 Read with Rule-85
Rent receipt is not being formally proved of S. A. Khatian being a collusive one, whether the plaintiff cart claim their title to the disputed land?
There are “Government Estates” the settlement of which was governed by Rules 65 read with Rule 85 the Estates Manual, 1932. Some formalities were required to be observed in granting settlement of either “Government Estates” or ‘Town Khas Mahal Lands” mere payment of rent to khas mahal department may be a collateral evidence of title, but collateral evidence does not assume the character of direct evidence of title.
In the absence of any record of settlement by way of observing any formalities provided in the different Rules of the Manual, 1932 the plaintiffs cannot be given a declaration of title over the suit land merely on production of collateral evidence.
[Paras-16 & 17]
Govt. of Bangladesh & Ors. Vs. Shahani & Ors 3 BLT (AD)-68.