(1) All disputes regarding boundaries shall be decided as far as possible on the basis of existing survey maps, but if this is not possible, the boundaries shall be fixed on the basis of actual possession.
(2) if, in the course of an inquiry into a dispute under this section, the Collector is unable to satisfy himself as to which party is in possession, or if it shown that possession has been obtained by wrongful dispossession of the lawful occupants of the property within a period of three months previous to the commencement of the inquiry, the Collector-
(b) in the first case shall ascertain by summary inquiry who is the person best entitled to the property, and shall put such person in possession;
(c) in the second case, shall put the person so dispossessed in possession ;
and shall then fix the boundary accordingly.
41-A [Omitted] 1
42. [Omitted] 1 ----------------------------------------------------------------------------------- 1- omitted by UP Act no 1 of 1951.
2- Subs. 39 of UP Act no 30 of 1975.
36 [The Uttar Pradesh Land Revenue Act, 1901] [Section 43-50] Procedure when rent payable is disputed.
43. In case of any dispute regarding the revenue or rent payable by any tenure-holder, the Collector shall not decide this dispute, but shall record as payable for the year to which the annual register refers the revenue or rent payable for the previous year, unless it has been enhanced or abated by an order or agreement under this Act, or the United Provinces Tenancy Act, 1939, or the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951.
Presumption as to entries in the annual register.
44. All entries in the annual register shall, until contrary is proved, be presumed to be true.
45. [Omitted] 1 Obligation to furnish information necessary for the preparation of records.
46. Any person whose rights, interests or liabilities are required by any enactment for the time being in force or by any rule made under any such enactment, to be entered in any official register by a Kanungo or Lekhpal shall be bound to furnish, on the requisition of the Kanungo or Lekhpal or of any revenue officer engaged in compiling the register, all information necessary for the correct compilation thereof.
Inspection of recodes.
47. All maps, field-book and registers kept under this Act shall be open to public inspection at such hours and on such conditions as to fees or otherwise as the State Government may prescribe.
Chapter –IV Revision of Maps and Records Notification of record operations.
48. If the State Government thinks that, in any district or other local area a general or partial revision of the records or a re-survey, or both, should be made, it shall publish a notification to that effect.
Effect to notification- And every such local area shall be held to be under record or survey operations, or both, as the case may be, from the date of the notification until the issue of another notification declaring the operations to be closed therein.
Record officers.
49. The State Government may appoint an officer, hereinafter called the Record Officer, to be incharge of the record operations or the survey, or both, as the case may be, in any local area and as many Assistant Record Officers, as to it may seem fit, and such officers shall exercise all the powers conferred on them by this Act so long as such local area is under record or survey operations, as the case may be.
2 [Powers of Record Officer as to erection of boundary marks.
50. When any local area is under survey operations the Record Officer may issue a proclamation directing all Gaon Sabha and bhumidhars to erect, within fifteen days such boundary marks, as he may think necessary to define the limits of the villages and fields and in default of their compliance within the time specified in the proclamation, he may cause such boundary marks to be erected, and the Collector shall recover the cost of their erection from the Gaon Sabhas of Bhumidhars concerned.]
2 ------------------------------------------------------------- 1- omitted UP Act no 01 of 1951.
2- Subs section 68 of UP Act no 08 of 1977.
37 [The Uttar Pradesh Land Revenue Act, 1901] [Section 51-54] Decision of disputes.
51. In case of any dispute concerning any boundaries, the Record officer shall decides such dispute in the manner prescribed in Section 41.
Records to be prepared in resurvey.
52. When any local area is under survey operations the Record Officer shall prepare for each village therein a map and field-book, which shall thereafter be maintained by the Collector as provided by Section 28, instead of the map and field-book previously existing.
Preparation of new record of rights.
53. Where any local area is under record operation, the Record Officer shall frame for each village therein the record specified in Section 32 and the record so framed shall thereafter be maintained by the Collector, instead of the record previously maintained under Section 33.
Undisputed entries and disposal of disputes regarding entries by Record Officer.