Mutation -- Does not confer any right, title or interest on a person - Mutation in the revenue records is only for fiscal purposes...........
Mutation -- On the basis of Will - Where there is no serious dispute raised by any natural legal heir, if any of tenure holder, in absence of any legal bar, mutation based on a Will should not be denied as it would defeat the interest of Revenue...........
Mutation -- Writ petition against order passed in mutation proceedings cannot be entertained in complete absence of any exceptional circumstance and availability of efficacious alternative remedy before competent civil Court...........
Adverse possession -- Suit for declaration of title and permanent injunction - Plaintiff's title/ownership to suit property is clearly established through registered sale deed, mutation, issuance of patta and approved building map in favor of plaintiff - It therefore, demonstrate possession under lawful title and do not reflect hostility required for adverse possession -..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Applicability of provisions of J&K Agrarian Reformers Act - Issue that falls for determination is as to whether defendant is entitled to resume suit land on the basis that mutation u/s 7 of J&K Agrarian Reformers Act stands attested in his favour way back in the year 1987 - Plaintiffs are resisting..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Will - Original Will as propounded by plaintiff was not produced during evidence - Will was produced before Patwari for entering mutation but he remained silent regarding original Will - Pre-requisite condition about existence of Will remained un-established on record and therefore, permission to prove Will by way of..........
Mutation -- Validity of Wills - Validity of Will can be decided only in regular suit proceedings and not in mutation proceedings...........
Mutation -- Writ petition against order passed in mutation proceedings - Normally cannot be entertained...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration that plaintiffs are owners in possession of land and any change in revenue record by consolidation officer vide mutation on the basis of tenancy is illegal and null and void and not binding upon plaintiff - Consolidation Officer had jurisdiction to order correction in revenue..........
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..........
