Mutation -- On the basis of Will - Not permissible - If propounder of Will wants to take advantage of a Will, then first of all he has to seek a declaration from civil Court of competent jurisdiction and only after the decree is passed, his name can be recorded on the basis of such decree...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit for joint possession as plaintiff failed to challenge mutation - However, plaintiff is neither executant of mutation nor mutation falls within definition of written instrument executed by her - Moreover, in a suit filed by plaintiff, it is not necessary to formally challenge mutation - Order allowing..........
Mutation -- Challenge as to - Mutation is entered by revenue authorities in order to upgrade the revenue record - This is a natural consequence of change of ownership either by way of any written instrument like sale deed, gift deed or on account of succession by virtue of natural succession or Will - It was thus, not necessary to formally challenge mutation in a suit for..........
Mutation -- Once mutation has become final amongst parties and same is not a subject matter of challenge either in the proceedings under Revenue Law or before Civil Court under Punjab Land Revenue Act, said mutation has sufficient corroborative value to support the claim of appellant in whose favour mutation was sanctioned...........
Mutation -- Granted during pendency of civil suit and existence of stay order - If civil suit for declaration of title and permanent injunction is pending then order passed by Civil Court will be binding upon Revenue Authorities - Impugned order set aside...........
Mutation -- Granted during pendency of civil suit and existence of stay order - If civil suit for declaration of title and permanent injunction is pending then order passed by Civil Court will be binding upon Revenue Authorities - Impugned order set aside...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit challenging mutation entries was dismissed by Revenue Court U.O.7.R.11 CPC - Ground raised in the present suit being barred by res judicata, prima facie, would not apply to the present matter...........
Will -- Mutation on the basis of Will - In order to take advantage of Will for getting name of beneficiary mutated in the revenue records, beneficiary must prove that Will was a genuine one and must remove all suspicious circumstances which are attached to it by examining at least one of attesting witnesses as well as by proving the mental status of testator, willingness..........
Will -- Mutation on the basis of Will - In order to take advantage of Will for getting name of beneficiary mutated in the revenue records, beneficiary must prove that Will was a genuine one and must remove all suspicious circumstances which are attached to it by examining at least one of attesting witnesses as well as by proving the mental status of testator, willingness..........
Will -- Mutation on the basis of Will - Name of a beneficiary can be mutated provided the Will is duly proved and for that purposes the beneficiary has to approach Civil Court for declaration of his title...........
