Mutation -- Revenue entry - For the purpose of getting the name of applicant entered in the record of rights, all that was necessary to be indicated that she was one of class-I heirs - It was not necessary to quash or set aside the earlier entry in the name of other heirs or declare that applicant is married to a Muslim and embracing Islam by renouncing her Hindu religion...........
Mutation proceedings -- Where both the parties are disputing title of other party on the basis of sale deed executed in their favour, same cannot be decided in mutation proceedings, as they have a right to file suit for title/cancellation of sale deed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Specific prayer made in plaint for cancellation of mutation/jamabandi issued in favour of defendant - It is thus, incumbent on plaintiff to have impleaded State Government as a necessary party - Suit held, not maintainable, as necessary party to suit not impleaded...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 166, 167, 120B -- Quashing of FIR - Offence u/ss 420, 467, 468, 471, 166, 167, 120-B IPC - Family dispute - Allegation that mutation entries wrongly recorded by illegal act of accused - Admittedly, civil and revenue proceedings regarding wrong mutation entries continuing..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from entering upon suit land and thereby creating any disturbance - Defendant purchased portion of joint family property from co-sharer/son of plaintiff, without consent of others, who acquired the same by partition - However, property stands in the name of father of plaintiff in record..........
Haryana Utilisation of Surplus and Other Areas Scheme, 1976 -- Clause 12 - Sale of allotted land - Resumption of land on account of no, payment of due instalments - Land allotted to allottee `B' by successors-i, interest - `B' will become owner of property only after paying entire instalments and after issuance of sale certificate by State and not merely on basis of..........
Mutation -- Entry of mutation in revenue record confers no title and is used only for fiscal purpose...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Contentious issue particularly with regard to authenticity of Mutation entry and question as to whether there was a complete or partial redemption of mortgage property did raise substantial questions of law which required High Court to frame appropriate..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to re-purchase - Father of plaintiff raised a loan to discharge his debts for which purpose he executed the mortgage - There is no condition in the deed that sale will become absolute after expiry of five years's period - Father of plaintiff is in continuance in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Wrong entries in the mutation record - Mutation entries are fiscal entries and do not create any right in the property - Criminal prosecution for the same amounts to abuse of process of law - FIR quashed - Petition allowed...........
