Partition suit -- Land in question was partitioned between four brothers of father-in-law of plaintiff - Plaintiff categorically stated that her father-in-law was owner of property and even PW2 also deposed to the same - Defendant no.1 failed to prove that land was gifted to him - He held such property as Karta of Joint Family property fallen to share of his deceased..........
Mutation -- Mutation proceedings are summary in nature - No right or title is created - Revenue entries is only for the collection of revenue from the person whose name is entered in the records - Title can only be seen in a regular suit filed for declaration and not in a writ petition which arises out of summary proceedings...........
Mutation -- Sanction of - It is duty of revenue officials to incorporate decree in revenue record in letter and spirit and the impugned order dismissing application for entering mutation cannot be upheld in any manner...........
Mutation -- On basis of Will - Mutation does not confer title - Title can always be got decided by filing a civil suit...........
Mutation -- Mutation proceedings are administrative in nature which do not confer or take away substantial rights of parties - It is the sale deed which transfers ownership from seller to purchaser...........
Mutation -- Writ petition against order of mutation - High Court generally does not entertain writ petition against order of mutation as matter is to be adjudicated on merits by taking recourse to regular proceedings where rights of parties shall be adjudicated...........
Mutation -- Any finding by mutation Court is not binding on civil court - However, finding recorded by Civil Court is binding on mutation Court...........
Mutation -- On the basis of Will - Issue regarding validity of Will is tentatively considered for mutation and finding has been returned - Mutation entries do not decide right, title or interest of any of the parties rather are maintained only for fiscal purposes and does not distinguish or create any rights - Where Will is still subject to scrutiny of appropriate civil..........
Mutation -- Recall of mutation order - Mutation on the basis of sale deed - Validity of sale deed under challenge in civil suit - Recall of mutation order still to be contested on merits by parties - Mutation order was passed ex parte and admittedly no notice was issued to private respondent No.3 whereas his name was duly recorded by means of an order which was prior to..........
Mutation -- Mutation neither confer any right nor any title - It does not create or extinguish title - Mutation entry is only meant for purposes of updating revenue records...........
