Mutation -- Limitation - No limitation is prescribed for filing mutation application u/s 34 of U.P. Land Revenue Act. (U.P.Land Revenue Act, 1901, S.34)...........
Mutation -- Unlawful possession - Mutation cannot be granted when possession is unlawful - For mutation lawful possession is required to be proved...........
Muslim Law -- Validity of gift - Gift of immovable property is not complete unless donor parts with possession and donee enters into possession - In case property is in occupation of tenants, gift can be completed by delivery of title deed or by request to tenants to attorn to the donee or by mutation...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiff claiming to be in exclusive possession - Defendant claiming that status of parties was joint - In partition proceedings possession was delivered to the parties on the spot and mutation was also sanctioned - Defendant did not challenge delivery of possession - From copy of Jamabandi for the year 1995-96 it..........
Will -- Proof - Reference in mutation proceeding to existence of Will is hardly a document which can affirm a Will and if a Will was produced and witnesses examined, reference in mutation proceedings would obtain corroborative value - But only on that basis it is impermissible to be relied on for proof of Will...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction for setting aside judgment and decree declaring defendant as owner of suit property - Limitation - Once there is an admission in cross examination with regard to execution of sale deed in the year 1981 in favour of defendants, yet there is no challenge to the same in suit as such..........
Mutation -- Mutation entries do not conclusively establish title...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and injunction - Mutation entries do not conclusively establish title - However, title of plaintiffs stands proved and established by material on record and on account of findings recorded by revenue authority - So far as land acquisition proceedings are concerned, no compensation was received by..........
Record of rights -- Entering name - Applicant has to be a holder, occupant, owner, mortgagee or tenant - Such a right is also available to a person acquiring interest in the property by succession, survivorship, inheritance, partition, purchase mortgage, gift, lease or otherwise - Merely a holder or occupant does not meet the requirements of law for exercising such a..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, joint possession and permanent injunction - Maintainability - Defendants acquiring estate of deceased on basis of Will executed by him - Although execution of Will has been proved by defendants no.1, but deceased could not bequeath more than 1/3rd of his share without consent of plaintiff and defendant no.4..........
