Mutation -- Mutation entries in revenue record are only for a fiscal purpose and does not create any title/ownership right in favour of person in whose name mutation entry has been made...........
Civil Procedure Code, 1908, Section 9, Rajasthan Tenancy Act, 1955, Section 207 -- Jurisdiction of civil Court - Suit for declaration of a tenant's right - Comes under third schedule of Act of 1955 - However, a suit for determination of legal heirs does not - Before approaching Revenue Authorities, for mutation, parties to approach Civil Court of competent jurisdiction, to..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Exclusion of one property - Property in question is in exclusive possession of defendant no.13 - It is a long and continuous possession from the date of purchase in the year 1977 and 1983 - Mutation of records stands in the name of defendant no.13 - More so, claim of plaintiff in respect..........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 152, Transfer of Property Act, 1882, Section 122, 123 -- Gift - Gift deed was executed by donor in favour of minor sons through their mother - Donor was a legally competent person and no consideration was taken by donor - There is recital of delivery of possession - Even the property in question was..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration that sale deeds are null and void - Restraining defendant from raising any construction and transferring suit property in favour of a third party - Possession of defendant No.1 over suit land is clearly established vide sale deeds in question and as per mutation entry - No prima..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed and permanent injunction - Concurrent findings of facts recorded by two Court below that suit is hit by limitation being not filed for a period of more than 3 years from the date of knowledge of sale deed in question - Mutation of subject land was also recorded way back in the..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Will - Will was handed over to Halqa Patwari but now original file of mutation not traceable - Defendant came to know of the loss of original will after revenue record was inspected - Order allowing secondary evidence, upheld...........
Mutation -- Mutation does not create, extinguish or confer title - Simply because name of plaintiff was omitted from mutation and it was sanctioned in favour of defendants only, that too wrongly, would not negate the plaintiff's right of ownership, particularly when title of plaintiff was declared by decree and judgment in the year 1982 which remains unaffected by entry..........
Will -- Exclusion of daughter - Will is unregistered and only one attesting witness was examined who was related to testator and also participated in proceeding before revenue authorities for carrying out mutation in favour of defendant - Scribe of Will also not examined - Will discarded...........
Mutation -- On the basis of registered sale deed - Cannot be set aside or recalled unless registered sale deed executed in favour of petitioner is set aside in any legal proceeding...........
