Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of subsequent transferee and amendment of plaint - Suit for specific performance - During pendency of suit gift deed executed by defendant in favour of his son and mutation entries made in favour of transferee - Transferee deserves to be impleaded as a party and plaint..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Mere fact that defendant had effected mutation over suit property is not a ground to deny the relief to plaintiff, particularly when mutation was effected without prior notice to plaintiff...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Documents sought are certified copies of public documents i.e jamabandi and mutation - It cannot be presumed that these were not within knowledge of defendant - Application rightly dismissed...........
Mutation -- Application for mutation filed after more than 45 years on the basis of sale deed - Mutation should not be allowed although there is no limitation for filing mutation application but filing of mutation application after more than 45 years, creates doubt about document in question...........
Mutation -- There is no limitation for filing mutation application...........
Mutation -- Matter cannot be kept pending for unlimited period - Order should be given finality so that parties can adjudicate the matter before regular Court...........
Mutation -- Mere mutation in revenue records does not confer any title nor is a proof of title...........
Mutation -- Will - Two Wills - First Will found to be suspicious - Subsequent Will found to be genuine - Mutation made on the basis of subsequent Will - Order calls for no interference...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to prove his readiness and willingness - He not able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - In addition to that, he did not even visit office of Sub-Registrar on said date - Even, defendants too did not fulfil their..........
Mutation -- On the basis of Will - There is no bar for seeking mutation based on a Will - However, in a case of serious dispute regarding validity/genuineness of Will including competence of testator's capacity to execute it or where there are two rival Wills set up, it would be a dispute beyond the competence of Tahsildar to decide and in such a case appropriate course..........
