Mutation -- On the basis of registered sale deed - Cannot be set aside in appeal filed by person claiming right merely on the basis of agreement of sale...........
Mutation -- Un-registered Will - Mutation on the basis of unregistered Will by which registered Will has been cancelled cannot be allowed...........
Partition suit -- Joint family property - Defendant no.1 admitted that his name was recorded as Manager of joint family and he never objected to mutation entry - Both the Courts accepted that suit property was ancestral joint Family property and entitlement of plaintiff for partition and separate possession of suit property - No interference warranted in said concurrent..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Accused demanded bribe from decoy witness to effect mutation of his land - Conversation between accused and decoy witness in DVD proves that there was specific statement from the part of decoy witness to reduce the bribe amount - Though tainted notes were not..........
Mutation -- Mutation proceedings are summary in nature and is only for fiscal purpose and do not decide any right or interest of a party - Party can get his right declared in appropriate and regular forum and any such order passed by regular Court shall bind the parties...........
Mutation -- Mutation entries are only fiscal in nature and these do not confer any title in respect of the property to which they relate nor do these entries extinguish right of a party in respect of the said property - Title to an immovable property is to be established by disputants before a civil court and not in mutation proceedings - Mutation is attested only in..........
Mutation -- Attesting witnesses - Ten different mutations have been attested and in all these mutations same persons have been cited as witnesses - Even, the ink used by these witnesses is similar in all mutations and ink in which respondent No.2 purported to have signed on mutations is also of same nature - All this raises a genuine suspicion relating to matter in which..........
Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13(b), Punjab Land Revenue Act, 1887, Section 45 -- Jurisdiction of civil Court - Suit for declaration challenging mutation entry being wrong, illegal, void and nullity and not binding on the rights of plaintiffs/proprietors of the village - It is S.13-B of Act of 1961 which..........
Limitation Act, 1963, Article 65 -- Suit for declaration that plaintiff and defendants are owners and in joint possession with consequential relief of permanent injunction - Limitation would not commence on mere mutation entries but rather when there is a real threat to possession of plaintiff based on such actions that cause of action would be stated to have arisen - Suit..........
Mutation -- Mutation of name in respect of agricultural land does not create or extinguish title nor has it any presumptive value on title - It only enables person in whose favour mutation is ordered to pay land revenue...........
