Family settlement -- Requires registration if it is reduced to writing for use in future - However a memorandum of record of past family settlement prepared for the information of the Court or for entry of mutation which do not create any title does not require registration. (Registration Act, 1908, S.17)...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of land - Assistant Collector not justified in ordering mutation relying on certain findings of Civil Court without applying his independent mind to materials on record - Mutating Authority required to find out the person in lawful possession of property on the date of his considering the application -..........
Will -- Suspicious circumstances - Will not produced for sanction of mutation for six years - Mutation sanctioned in favour of appellant but respondent did not challenge it - Will in original or copy thereof not produced alongwith plaint - No reason for exclusion of daughter/legal heir from her inheritance - Will drafted by someone in the village and not by a deed writer..........
Punjab Security of Land Tenures Act, 1953, Section 3, 4, 24A -- Surplus land - Allotment to tenant - Validity - Land declared surplus in 1960/1980 - Surplus land allotted to tenant and purchase amount deposited in 1982 - Original owner died in 1984 and mutation sanctioned in 1986 in favour of L.R's. - Collector agrarian holding that legal heirs of original land owner..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought at first appellate stage - Fact of registered Will and mutation sought to be incorporated in the written statement - Omission to plead this fact which was within knowledge of party and counsel - Evidence led to prove Will but such evidence not looked into being beyond pleading -..........
Mutation -- Entries therein do not convey or extinguish any title - These entries are relevant only for the purpose of collection of land revenue...........
Will -- Suspicious circumstance - Produced for the first time for mutation after 18 years of death of testator - This is a suspicious circumstance...........
Transfer of Property Act, 1882, Section 122 -- Gift to minor - Acceptance - May be express or implied - Natural guardian can accept on behalf of the minor - As this contract between donor and donee is not for consideration, so donee can be a minor - Principle laid down under S.11 of the Contract Act that a contract with a minor is void does not apply to gifts - There can..........
Specific Relief Act, Section 38, 34, 6 -- Suit for declaration with consequential relief of injunction and further relief of possession on being dispossessed during pendency of suit - Plaintiffs claiming to be tenants threatened to be dispossessed by defendants on the basis of mutation sanctioned in pursuance of order of Collector passed under Section 18 Punjab Security of..........
Limitation Act, 1963, Article 113 -- Possession of plaintiffs being threatened in the garb of mutation but basic suit for relief of injunction - On date of institution of suit plaintiffs being disturbed from possession in execution of order of Collector passed under Section 18 Punjab Security of Land Tenures Act in pursuance of which mutation sanctioned - Cause of action..........
