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Issues: (i) whether the alleged statement made by the respondent in earlier tenancy proceedings amounted to a clear and admissible admission proving the appellant's tenancy; (ii) whether the record of rights raised a presumption in favour of the appellant's tenancy claim and whether the Revenue Tribunal was justified in interfering with concurrent findings of fact on the ground of error of law.
Issue (i): whether the alleged statement made by the respondent in earlier tenancy proceedings amounted to a clear and admissible admission proving the appellant's tenancy.
Analysis: A statement can operate as an admission only if it is relevant, clear and unambiguous. The earlier deposition, read as a whole, did not amount to an admission of tenancy because the respondent's statement that no rent was taken was inconsistent with a landlord-tenant relationship. The supposed admission also related to lands not in issue in the earlier dispute, making it irrelevant to the present controversy under the law of admissions. Further, when a previous statement is relied upon to contradict a witness, the witness must be confronted with the writing in the manner required by the law of cross-examination. Mere later proof of the document, after the witness has concluded evidence, does not suffice to use it against him.
Conclusion: The alleged statement was neither a clear nor a usable admission, and it could not establish the appellant's tenancy.
Issue (ii): whether the record of rights raised a presumption in favour of the appellant's tenancy claim and whether the Revenue Tribunal was justified in interfering with concurrent findings of fact on the ground of error of law.
Analysis: Entries in the record of rights do not create an irrebuttable presumption of truth. Here, the oral evidence and the surrounding entries showed that the record did not reflect the real state of affairs, and the mutation basis itself was not shown to have been properly brought home to the respondent. The fact-finding authorities had examined the evidence and reached a concurrent conclusion that the appellant had not proved tenancy. The Revenue Tribunal treated the matter as if a burden had been wrongly shifted, but where the evidence is already before the authority, the question of burden becomes secondary. Interference in revision is permissible only when there is an error of law on the face of the record, not merely because another view on facts is possible.
Conclusion: No presumption of tenancy arose from the record of rights, and the Revenue Tribunal had no valid ground to disturb the concurrent factual findings.
Final Conclusion: The tenancy claim was not proved, the revisional interference was unwarranted, and the appeal failed.
Ratio Decidendi: An alleged admission must be clear, relevant and legally usable against a party, and entries in the record of rights do not prevail over contrary evidence or justify revisional interference in the absence of an error of law on the face of the record.
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