Punjab Land Revenue Act, 1887, Section 13(c) -- Rejection of mutation by Commissioner - Order affirmed by Financial Commissioner - Non-application of mind by FC - It is apparent from order passed by FC that FC has reproduced the order passed by Commissioner - No specific findings have been recorded by FC and grounds of appeal have not been taken into consideration - Order..........
Punjab Land Revenue Act, 1887, Section 13(c) -- Rejection of mutation by Commissioner - Order affirmed by Financial Commissioner - Non-application of mind by FC - Respondents neither claim to be legal heirs of deceased nor they are claiming to be vendees of deceased, rather they were not having any relation and even are not remotely inheritance of deceased - FC failed to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Barred by limitation - As per plaintiff exchange effected by co-sharer behind plaintiffs back - However, revenue entries in jamabandi brought on record shows that mutation was effected long time back in year 1958 in joint khewat - Even, fact of exchange was well in knowledge of all parties..........
Mutation -- Proceedings are summary in nature - Genuineness or legality of legal heir etc. need not be gone into in writ proceedings - Remedy is to institute appropriate proceedings for declaration of title before appropriate Court...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Maintainability - Plaintiff sought declaratory relief with further relief as to wrong mutation entries - Since plaintiff continues to be in possession, he has not sought for any injunctive relief and therefore, suit for mere declaration is not hit by S.34 Proviso of the Act - Moreover, defendant failed to lay..........
Municipal record -- Right to property on the basis thereof - Name of defendant mutated in the municipal record - Prior to addition of his name in municipal record there was name of plaintiff alone - No material on record to show how the name of defendant was added in the municipal records - In absence of cogent evidence defendants gets no right in the property on the basis..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissed as premature - Plaintiffs purchased the land from predecessor-i, interest of defendants - Both the Courts below found that sale deed in question is a valid and genuine document - Plaintiffs were put in possession of land but revenue authorities have only entered mutation of small portion of land -..........
Pedigree table -- It is prepared by revenue authorities to record family members and not to enter mutation of inheritance...........
Mutation proceedings -- Challenge as to adoption deed - Registered adoption deed cannot be questioned in mutation proceedings which are fiscal in nature...........
Will -- Proof of - Major contradictions found in testimonies of attesting witnesses as to execution and attestation of Will - Relationship of beneficiary under Will with that of testator is doubtful, as in mutation proceedings said beneficiary had initially represented himself as `Bhanja' of testator but subsequently he represented himself as grandson of testator -..........
