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...........
Will -- Suspicious circumstances - Delay in updating revenue records - Revenue record not updated for 22 years - Succession never remains in abeyance and it passes on in favour of successor immediately on death of owner - Updation of revenue record is one of the executive functions of revenue officials - Updation of revenue record neither gives cause of action nor creates..........
Co-sharers -- Plea of ouster by one co-sharer against other - Mutation in revenue records in the name of one co-sharer would not amount to ouster unless there is a clear declaration that title of other co-sharers was denied...........
Evidence Act, 1872, Section 35 -- Revenue entries - Revenue records by themselves cannot be treated as documents of title - However, fact remains that both u/s 35 of the Act and because of fact that they are the result of a `physical exercise' done on the land, they do have a certain evidentiary value...........
Specific Relief Act, 1963, Section 34, Registration Act, 1908, Section 17, 49 -- Suit for declaration of title - On the basis of u, registered exchange deed - Exchange deed being u, registered cannot be read in evidence in view of Ss.17, 49 of Registration Act - Even otherwise, there is no valid exchange deed adduced on record by plaintiff to prove his claim with regard to..........
Hindu Succession Act, 1956, Section 6 -- Coparcenary property - Rights of daughters - Respondents married before his father's death and residing in their respective matrimonial house - It is claimed that daughters received their share in form of silver and gold - This submission is also not established by evidence adduced by appellants before trial Court - Thus, in such..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff and defendants both purchased an extent of 1.12 acres and 0.80 cents of land respectively from total extent of 1.92 acres - Defendants under the garb of revenue records attempted to encroach into plaintiffs property and claiming extra land in suit survey number - However,..........
Civil Procedure Code, 1908, Order 21, Rule 34, Civil Procedure Code, 1908, Order 7, Rule 3, Civil Procedure Code, 1908 -- Execution - Decree for specific performance - Property not identified definitely - Successful plaintiff cannot be deprived of fruits of decree - Executing Court to take such steps as may be necessary for fixing identity of property - Executing Court may..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent and mandatory injunction - Plaintiff claimed his right and title over suit property on the basis of sale deed executed in his favour - Defendant on the other hand himself admitted that no ownership was transferred in his favour - Neither name of defendant was shown in revenue records nor any case..........
Partition -- Parties residing separately since more than 70 years, mess is separate, residence is separate, properties are acquired separately - Even, parties are recorded separately in revenue records of rights - Moreover, presumption of jointness in favour of plaintiff is very weak as he is 4th generation from the founder, who himself admitted separation between the five..........
