Mutation -- Mutation entries do not conclusively establish title...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and injunction - Mutation entries do not conclusively establish title - However, title of plaintiffs stands proved and established by material on record and on account of findings recorded by revenue authority - So far as land acquisition proceedings are concerned, no compensation was received by..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, joint possession and permanent injunction - Maintainability - Defendants acquiring estate of deceased on basis of Will executed by him - Although execution of Will has been proved by defendants no.1, but deceased could not bequeath more than 1/3rd of his share without consent of plaintiff and defendant no.4..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non sanctioning of mutation - Mutation does not confer any title - Title is conferred by sale deed - If sale deed is proved then non sanctioning of mutation becomes irrelevant...........
Will -- Mutation - Validity - Sanctioning of mutation in the absence of Will do not confer any title in favour of parties and same plea was rightly negated...........
Mutation -- Mutation entries do not convey or extinguish any title and those entries are relevant only for the purpose of collection of land revenue...........
Hindu Law -- Joint Family Property - Mutation in the name of one of co-sharer - Does not confer right, title and interest over whole property in his favour - Does not entitled him to sell/transfer entire property...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Judgment alleged to operate as res judicata is not available on record - Moreover judgment passed in mutation proceedings u/s 34 of U.P. Land Revenue Act are summary proceedings and is not binding upon the parties in regular title proceedings...........
Transfer of Property Act, 1882, Section 126 -- Gift - Revocation - Plea of no, mutation & payment of electricity & water charges - Non mutation of the name of transferee in records of Municipality for purposes of House tax cannot divest transferee of title which otherwise stands transferred as it is settled that mutation entries do not confer or divest a title - Same with..........
Adverse possession -- Co-sharer - There can be no adverse possession against co-sharer in the absence of ouster - Mere contesting mutation of right to title is no ouster - Purchaser from a co-sharer also becomes and remains a co-sharer...........
