Indian Penal Code, 1860, Section 420, 467, 468, 471, 506 -- Illegal encroachment and land grabbing - Civil suit pending regarding registration as well as before Revenue Court regarding mutation - Till adjudication of civil suit and revenue proceedings, summoning of accused cannot be ordered - Summoning order set aside - Matter remitted for decision afresh...........
Revenue record -- Entries in revenue record do no confer title to a property, nor do they any presumptive value on title - They only enable the person in whose favour mutation is recorded, to pay the land revenue in respect of the land in question...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Exchange of land - Mutation on the basis thereof - Exchange of land challenged on the ground of fraud - It requires investigation and this fact can only be ascertained after evidence of parties - At this stage defendants No.1 to 3 are owner-i, possesosn of suit land and as such, plea of plaintiff..........
Specific Relief Act, 1963, Section 34, 38, Suits Valuation Act, 1887 - - Plaintiffs entered into written agreement with regard to exchange of suit land with land of defendants - However, defendants pleaded that suit land was mutated in their name on the basis of oral agreement - Mutation entered on the basis of oral exchange is wrong as DW1 admitted that there was no oral..........
Mutation -- Mutation of land in revenue records does not create or extinguish title over such land nor it has any presumptive value on title - It only enables person in whose favour mutation is ordered to pay land revenue in question...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Mutation entries - Entries made in mutation register by Patwari in discharge of his public duties or orders passed thereon by Revenue Officer would be a relevant evidence u/s 35 of Evidence Act - In present case, mutation in favour of executant's son was given effect to in record of rights i.e. Jamabandi of..........
Will -- Validity - Property of Hindu female - Property mutated in revenue record by son in favour of mother without executing any other document for transferring the suit land - On basis of mutation entry, it cannot be said that mother has acquired said property - Mutation entries are relevant only for collection of land revenue - Therefore, such mutation entry, cannot..........
Mutation -- Law as to : (a) mutation proceedings are summary in nature wherein title of the parties over the land involved is not decided; (b) mutation order or revenue entries are only for the fiscal purposes to enable the State to collect revenue from the person recorded; (c) they neither extinguish nor create title; (d) the order of mutation does not in any way effect..........
Mutation -- Orders for mutation are passed on basis of possession of parties - Since no substantive rights of parties are decided in mutation proceedings, ordinarily a writ petition is not maintainable in respect of orders passed in mutation proceedings, unless found to be totally without jurisdiction or contrary to title already decided by competent Court - Parties are..........
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..........
