Revenue entries cannot prove title; injunction over disputed land requires proper burden of proof and fresh reconsideration.

Revenue entries may support a rebuttable presumption of possession, but they do not by themselves prove title. In a suit for permanent and mandatory injunction affecting disputed land, the plaintiff must first establish that the property forms part of the claimed estate; the burden does not shift to the defendant to disprove the claim or to challenge the commissioner's report. Where the courts grant injunctive relief while leaving title unresolved and apply the wrong burden of proof, the decree cannot stand. The matter is therefore remitted for fresh consideration on proper proof, with liberty to seek amendment and adduce additional evidence, including measurement through a commissioner.

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Issues: Whether the decree of permanent and mandatory injunction could be sustained without first deciding title and applying the correct burden of proof, and whether the matter required remand for fresh consideration.

Analysis: The suit was for injunction, but the courts below proceeded on the basis of revenue records and other entries without treating them as documents of title. Entries in revenue records may be relevant and may raise a rebuttable presumption, but they do not by themselves establish title. The burden remained on the plaintiffs to prove that the disputed land formed part of their property, and it was not for the defendants to disprove the plaintiffs' case or to establish the inaccuracy of the commissioner's report. The courts below also erred in granting mandatory relief affecting structures while leaving the title issue open. In these circumstances, the evidence had not been appreciated on the correct legal principles.

Conclusion: The decree could not be sustained and the impugned judgments were liable to be set aside, with the matter remitted for fresh decision.

Final Conclusion: The dispute was restored to the trial stage for reconsideration on the basis of proper proof, with liberty to the parties to seek amendment and adduce additional evidence, including measurement through a commissioner.

Ratio Decidendi: Revenue entries are only relevant evidence raising a rebuttable presumption of possession and cannot, without proof of title and proper application of the burden of proof, justify a decree of mandatory or permanent injunction affecting disputed property.

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