Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of trustees - Land in question has been recorded in the name of Trust since 1969 and names of trustees have been continuously reflected in revenue records - Thus, existence of trust and its trustees was a matter of public record - Despite this, plaintiff instituted suit in 2019 without impleading trustees -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of nullity of a rapat entry and correction of revenue records - Applicant has placed on record certain documents such as mutation and Jamabandi showing transfer of suit land from State Government to one `J' and thereafter to himself - He has also referred to several rounds of..........
Mutation -- Law as to - (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from the person recorded; (iii) They neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive..........
Mutation -- Law as to - (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (iii) They neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive value..........
Mutation -- Law as to: (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (iii) they neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive value on..........
Mutation -- Law as to - (a) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (b) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (c) They neither extinguish nor create title; (d) mutation in revenue records does not have any presumptive value on..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Revenue records reflected joint ownership of suit land - Defendant admitted family settlement and plaintiff's exclusive possession of portion of suit property - Defendant's unambiguous acknowledgement of family arrangement carried decisive weight in upholding plaintiff's claim - Courts below..........
Mutation -- Mutation of name in revenue records - It is done for fiscal purposes i.e. for collection of land revenue - Mutation neither creates nor extinguishes title...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1(2) -- Summoning of Tehsildar - Partition suit - Tehsildar cannot be summoned to Court to lead evidence merely on the ground to find out the discrepancy that seems to be in the areas of land purchased by parties in the agreement of sale and the area that was got mutated in the name of parties in the revenue records -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - First Appellate Court erroneously placed the burden of proving ownership on plaintiffs, despite the defendants admission of their title by pleading adverse possession - Court disregarded the jamabandi entries and other revenue records without valid justification - Court's conclusion that..........
