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 -- 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..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration for setting aside sale deed and subsequent mutation - Sale deed was executed way back in the year 1985 by mother and brother of plaintiff - Suit filed in the year 2009 after more than 2 decades challenging the said sale deed - Parties are resident of same village and challenge to sale deed at a belated stage is..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Suit for declaration - Both the parties claiming ownership and possession of suit land - Plaintiff failed to produce any document on record to establish identity of suit land which was described by him in site plan annexed with sale deed - Defendant on the other hand placed a copy of demarcation report..........
Mutation -- Confers no title and is only for fiscal purpose - Entries are only one of modes of proof of enjoyment of property - When properties devolved by modes other than by written instruments like sale deed, gift deed, Will etc., then Court can definitely take aid of revenue record and rely on mutation entries for a limited purpose to determine possession and to..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Certified copy of sale deed - No averment in applicant that document sought to be proved by way of secondary evidence is in possession of defendants - Rather it is stated that document in question was handed over to revenue authorities for attesting mutation - Plaintiffs thus, by placing on record certified copy of..........
Hindu Law -- Coparcenary property - Alienation by father - Suit property had lost its status of coparcenary property in 1985, when mutation in respect of property in question was attested in favour of wife and son of grandfather of plaintiff - Said mutation remained as it was, without there being any challenge - On date of execution of agreement to sell, suit property was..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with a condition to re-purchase - Change of mutation in the name of defendant is a formidable circumstance to show that document in question is a sale deed conveying absolute right and title to defendant...........
Specific Relief Act, 1963, Section 6 -- Dispossession - Suit for possession and damages - Suit filed by plaintiff on the basis of registered sale deed executed in favour of his son - Defendant started interfering in peaceful possession of plaintiff and dispossessed him illegally after reversing mutation by revenue authority without giving any prior notice to plaintiff -..........
Transfer of Property Act, 1882, Section 54, 8 -- Registered sale deed - Mutation - Not necessary to vest title in the purchaser - Title passes in favour of purchaser on execution of sale deed - Mutation neither confers any title nor is a document of title...........
