Mutation -- Mutation of name in respect of agricultural land does not create or extinguish title nor has it any presumptive value on title - It only enables person in whose favour mutation is ordered to pay land revenue...........
Mutation -- Entry in revenue record does not necessarily give rise to cause of action - Revenue entry is only for updating revenue record and a mere entry or non-entry does not affect right, title or interest of owners - In the instant case, suit for declaration that plaintiff is owner to extent of 1/5th share in joint agricultural land as well as 1/3rd share in..........
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..........
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..........
Mutation -- Entry in the record of rights do not vest any ownership over the said land and is only indicative about possession over the suit land...........
Mutation -- Mutation proceedings are summary in nature which do not create any right in favour of any person - Mutation proceedings are only for the purpose of fixing responsibility of the person in actual possession of the land to pay land revenue and other dues to the Government and mostly decided on the basis of actual possession over the property in question, making..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit land was purchased by mother of plaintiffs - Land also mutated in her name - Said mutation is not disputed by defendants - Possession of plaintiff of suit land is proved by them - There is prima face case in favour of plaintiffs - Plaintiffs will suffer irreparable loss and injury, if they were..........
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..........
Punjab Land Revenue Act, 1887, Section 122 -- Partition proceedings - Sanction of mutation is not evidence of delivery of possession - Delivery of actual/physical possession can be only through an order passed u/s 122 of the Act...........
Punjab Land Revenue Act, 1887, Section 122 -- Partition proceedings - Sanction of mutation - Once partition proceedings have finalized and deed of partition has been prepared, sanction of mutation by revenue authorities on basis thereof cannot be held wrong - There is no illegality in sanctioning of mutation on basis of instrument of partition...........
