Mutation

1. (SC) Adverse Possession

2. (SC) Fraud

3. (SC) Mutation of a land in the revenue records does not create or extinguish the title

4. (SCeJ) Mutation - Does not create or extinguish title nor has it any presumptive value on title

5. Bank - Mortgage by deposit of title deeds - Mutation

6. Civil Court -Revenue Court would be bound by the judgment of the Civil Court to correct the revenue record

7. Civil Courts did not have the jurisdiction to decide the cases of mutation entries

8. Decree and Mutation

9. Evidence Act, Section 35 and Mutation - Entries made in the mutation or the facts mentioned in the order sanctioning the mutation are relevant

10. Haryana Ceiling of Land Holdings Act, 1972 (26 of 1972)

11. Illegal refusal to sanction

12. Inheritance and Mutation

13. Limitation

14. Limitation

15. Limitation Act, 1963 (36 of 1963) Article 65 - No period of limitation has been prescribed

16. Mere wrong sanctioning of mutation in favour of the Government, does not make this land under the title of the State Government

17. Mutation - Can be sanctioned on the basis of the registered sale deed even if possession has not been transferred

18. Mutation - Cannot be kept in abeyance - Once the person is found to be in possession, the mutation has to be recorded in their name subject to the final outcome of the civil suit.

19. Mutation - Cannot have precedence over the sale deeds

20. Mutation - Cannot have precedence over the sale deeds

21. Mutation - Civil Court decree is final between the parties and, therefore, the rights flowing therefrom, would not get vitiated merely because mutation has not been sanctioned

22. Mutation - Inheritance never remains in abeyance

23. Mutation - Merely because the mutation was not got sanctioned by her, cannot be a ground for holding that she was not the owner in possession

24. Mutation - Neither creates nor extinguishes any title

25. Mutation - Order passed by the authorities while deciding the mutation proceedings has no bearing on adjudication of claims qua inheritance by the civil court

26. Mutation - Proceedings do not bear the signatures of the plaintiff

27. Mutation - Revenue Officer while sanctioning mutation is discharging purely administrative functions

28. Mutation - Revenue Officers - Has to prima facie proceed on the assumption that entries in the revenue record are correct

29. Mutation entries when incorporated in jamabandies - Should be got changed through Civil Court.

30. Mutation Is no proof of any transfer or disposition

31. Mutation proceedings cannot be kept in abeyance during the pendency of the dispute before the Civil Court

32. Mutation upheld by the civil court

33. Mutation was null and void

34. Possession and Mutation

35. Rejection - Revenue authorities were fully justified in rejecting the mutation

36. Sale Deed and Mutation

37. Suit for declaration - Cause of action to claim declaration - Mutation

38. Will

39. Will - Entry of a mutation on the basis of a will, would not prove that a will was actually executed and duly proved.

40. Will - Intricate questions regarding validity of the Will and as to whether property was ancestral, in hands of the deceased, are not to be gone into by the revenue officials

(PLR) Mutation Is no proof of any transfer or disposition

Mutations - Mutation proceedings in the revenue record itself - Is no proof of any transfer or disposition in the manner contemplated under Section 8 of the Haryana Ceiling of Land Holdings Act, 1972 (26 of 1972). (165) PLR 95

(PLR) Mutation - Cannot have precedence over the sale deeds

Mutation - Cannot have precedence over the sale deeds - On the contrary, mutation was sanctioned on the basis of the sale deeds - If something additional was erroneously included in the mutation, which was not there in the sale deeds, then mutation cannot prevail over the sale deeds - Rights are conferred or transferred by the sale deed and not by the mutation. (165) PLR 10

(PLR) Mutation - Neither creates nor extinguishes any title

Mutation - Though a material entry in the revenue record pertaining to the property so recorded, yet it neither creates nor extinguishes any title - It is recorded only for the fiscal purposes - Mutation also does not have any presumptive value on title - Entry of mutation only enables the persons, in whose favour it is recorded, to pay the land revenue. (173) PLR 175

Mutation - Mutation of properties in revenue records neither creates nor extinguishes title to the property nor has it any presumptive value on title - Such entries are relevant only for the purpose of collecting land revenue. (189) PLR 783

Mutation - Does not create a title - It only recognises the rights of the parties to update the revenue record. (140) PLR 103

Mutation - Does not confer any title - Mutation is only for fiscal purposes to complete the record. (149) PLR 801

(PLRSC) Mutation of a land in the revenue records does not create or extinguish the title

Revenue records - Entries made in the revenue records - Mutation of a land in the revenue records does not create or extinguish the title over such land nor it has any presumptive value on the title - It only enables the person in whose favour mutation is ordered to pay the land revenue in question. (193) PLR 823 (S.C.)

(PLR) Mutation - Revenue Officer while sanctioning mutation is discharging purely administrative functions

Revenue Officer while sanctioning mutation is discharging purely administrative functions and not that of a quasi judicial authority possessing some of the trappings of a Court. (165) PLR 289

(PLR) Mutation proceedings cannot be kept in abeyance during the pendency of the dispute before the Civil Court

Punjab Land Revenue Act, 1887 (17 of 1887), S. 31 - Mutation proceedings cannot be kept in abeyance during the pendency of the dispute before the Civil Court - The revenue officers are duty bound in terms of the statute to enter mutations in exercise of their administrative functions. (165) PLR 5

(SCeJ) Mutation - Does not create or extinguish title nor has it any presumptive value on title

Mutation - Does not create or extinguish title nor has it any presumptive value on title - Mutation of a property in the revenue records are fiscal proceedings and does not create or extinguish title nor has it any presumptive value on title - It only enables the person in whose favour mutation has been ordered, to pay the land revenue - At the same time, the effect of a declaratory decree to restore the property alienated to the estate of the alien or and until and unless the alienees are able to convince the court that they have no subsisting interest in the property, the heirs of the alienees would be entitled to the benefits of the property as per the law of succession. #2020 SCeJ 2250

(PLR) Mere wrong sanctioning of mutation in favour of the Government, does not make this land under the title of the State Government

Punjab Village Common Lands (Regulation) Act, 1953 S. 4(3)(ii) - Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961) Section 2(g) - Mere wrong sanctioning of mutation in favour of the Government, does not make this land under the title of the State Government - The appellant is claiming this land on the basis of adverse possession, but he has failed to prove the cultivating possession of his father over the disputed land for more than 12 years on the day of coming into force of the Act of 1953, therefore, in view of Section 4(3)(ii) of the Act, the disputed land will not divest from the ownership of the Gram Panchayat. (165) PLR 222

(PLR) Mutation - Civil Court decree is final between the parties and, therefore, the rights flowing therefrom, would not get vitiated merely because mutation has not been sanctioned

Mutation - Sanctioning of mutation is only administrative act of the Revenue Authorities - Sanction of mutation is only for fiscal purpose - Therefore merely because mutation was not sanctioned, the validity of the Civil Court decree cannot be questioned - The Civil Court decree is final between the parties and, therefore, the rights flowing therefrom, would not get vitiated merely because mutation has not been sanctioned. (188) PLR 422

(PLR) Mutation - Inheritance never remains in abeyance

Mutation - Inheritance never remains in abeyance - As the respondents/plaintiffs became the co-owners in joint possession of the extent of share they are deemed to be in possession of every inch the land - Sufficient to negate plea of the appellant that suit filed by the plaintiffs is barred by limitation for their failure to challenge the mutation within a period of 3 years from the date of its sanction in the year 1994. (184) PLR 217

(PLR) Mutation - Cannot be kept in abeyance - Once the person is found to be in possession, the mutation has to be recorded in their name subject to the final outcome of the civil suit.

Mutation - Cannot be kept in abeyance - Once the person is found to be in possession, the mutation has to be recorded in their name subject to the final outcome of the civil suit. (187) PLR 717

(PLR) Mutation - Merely because the mutation was not got sanctioned by her, cannot be a ground for holding that she was not the owner in possession

Suit for Declaration - Plaintiff has been able to prove the execution of the registered sale deed - Merely because the mutation was not got sanctioned by her, cannot be a ground for holding that she was not the owner in possession of the property specially when the said sale deed clearly mentions that - A valid sale deed having been executed - She became the owner. (181) PLR 760

(PLR) Mutation - Order passed by the authorities while deciding the mutation proceedings has no bearing on adjudication of claims qua inheritance by the civil court

Mutation - Any order passed by the authorities while deciding the mutation proceedings has no bearing on adjudication of rival claims qua inheritance by the civil court - Equally settled is that mutation neither creates nor extinguishes title to the property - That being so, sanction of mutation in favour of the respondents/defendants would neither be fatal to the right of the appellant in the suit property nor would enure to benefit of the respondent. (183) PLR 786

(PLR) Mutation entries when incorporated in jamabandies - Should be got changed through Civil Court.

Punjab Land Revenue Manual, Para 7.3 - Mutation entries when incorporated in jamabandies - Should be got changed through Civil Court. (165) PLR 509

(PLR) Will - Entry of a mutation on the basis of a will, would not prove that a will was actually executed and duly proved.

Will - Entry of a mutation on the basis of a will, would not prove that a will was actually executed and duly proved. (183) PLR 79

(PLR) Sale Deed and Mutation

Sale Deed and Mutation – Sale-deed is a document of transfer of title, whereas mutation is only a fiscal entry for the purpose of updating the revenue record and collection of land revenue - Title is conferred by a registered sale-deed and not sanction of the mutation. (183) PLR 508

(PLR) Decree and Mutation

Decree and Mutation – A judgment – A judgment and decree passed by the court is binding between the parties - Mutation of the land pursuant to the aforesaid decree is only an executive function of the revenue authorities - Merely because a judgment and decree has not been given effect to in the revenue record, the validity of the judgment and decree does not cease to exist or fade away. (191) PLR 170

(PLR) Inheritance and Mutation

Mutation and Inheritance – Pedigree table – The pedigree table is prepared by the revenue authorities to record the family members and not to enter mutation of inheritance - This pedigree table was prepared much before 1956 – Mutation itself is in dispute and challenged in the present suit - Hence, this pedigree table prepared by the revenue authorities at the time of sanctioning of the mutation which is under challenge, could not be relied. (192) PLR 28

(PLR) Evidence Act, Section 35 and Mutation - Entries made in the mutation or the facts mentioned in the order sanctioning the mutation are relevant

Mutation – Well settled that entries made in the mutation register by the Patwari in the discharge of his public duties or the orders passed thereon by the Revenue Officer would be a relevant piece of evidence under Section 35 of the Evidence Act if they contain any fact in issue or a relevant fact - The issue of relevance of mutation entries in the context of a disputed Will –Mutation itself does not create any title in favour of a party, but still the entries made in the mutation or the facts mentioned in the order sanctioning the mutation are relevant – Evidence. (193) PLR 439

(PLR) Limitation

Mutation – Challenge as to – Limitation would not start from the date on which mutation was sanctioned, rather it would start on the date on which possession is threatened. (194) PLR 105

(PLR) Limitation Act, 1963 (36 of 1963) Article 65 - No period of limitation has been prescribed

Limitation Act, 1963 (36 of 1963) Article 65 - Delay in challenging the mutation - No period of limitation has been prescribed for establishing the rights by heir . (141) PLR 571

(PLR) Possession and Mutation

Mutation of the land is for updating the record – Permit the officer to enter the mutation and update the record - However, sanction of mutation is not evidence of delivery of possession. (198) PLR 127

(PLR) Suit for declaration - Cause of action to claim declaration - Mutation

Suit for declaration - Cause of action to claim declaration - Arises not on the date of sanction of mutation - But on the date when there is cloud over the title of the suitor. (139) PLR 779

(PLR) Mutation - Can be sanctioned on the basis of the registered sale deed even if possession has not been transferred

Mutation - Can be sanctioned on the basis of the registered sale deed even if possession has not been transferred in accordance therewith. (140) PLR 103

(PLR) Illegal refusal to sanction

Illegal refusal to sanction mutation caused serious prejudice to the rights of the petitioner because without getting himself recorded as co-owner of the suit land in the revenue record, he cannot get the land partitioned to get physical possession of the same. Thus, in our view. The mutation of share purchased by the petitioner, as entered by the Patwari, should be sanctioned by the revenue authorities. (140) PLR 103

(PLR) Mutation was null and void

Mutation was null and void as it over-looked completely the interest of successor-in-interest widow and his three daughters.(141) PLR 232

(SC) Fraud

Fraud - Mutation got sanctioned by fraudulent means - Fraud clocks everything. (144) PLR 651(SC)

(PLR) Will - Intricate questions regarding validity of the Will and as to whether property was ancestral, in hands of the deceased, are not to be gone into by the revenue officials

Succession Act, 1925 (39 of 1925) S. 63 - Mutation does not confer title on any of the parties and the same is entered only with a view to update the revenue records - The intricate questions regarding validity of the Will and as to whether property was ancestral, in hands of the deceased, are not to be gone into by the revenue officials, while entering mutation. (147) PLR 572

(SC) Adverse Possession

Adverse Possession - Being a tenant - Did not file any application for mutation of his name before the Revenue authorities - He even did not take any step to let others know about his change of status be it the revenue department or it be other authorities - An application for mutation of one’s name in the revenue records by the parties although would not by itself confer any title, but then a presumption in regard to the nature of possession can be drawn in that behalf - Possession on its own right not as a tenant - Not proved. (148) PLR 59 (S.C.)

(PLR) Limitation

Limitation - To challenge a mutation starts from the date the possession of a person is threatened - Plaintiff continued in possession inspite of sanction of mutation - It was only when a suit for partition was filed that his possession was sought to be threatened which gave cause of action to plaintiff for filing the suit. (148) PLR 678

(PLR) Bank - Mortgage by deposit of title deeds - Mutation

Mutation - On the basis of mortgage by deposit of title deeds - Is not created through written instrument - Revenue authorities directed to enter mutation in favour of the Bank as equitable mortgage - Punjab Land Revenue Act, 1887 (17 of 1887) Section 34. (149) PLR 593

(PLR) Mutation - Proceedings do not bear the signatures of the plaintiff

Mutation - Proceedings do not bear the signatures of the plaintiff - Therefore it cannot be said that the mutation was sanctioned with the consent of the plaintiff. (150) PLR 714

(PLR) Mutation - Revenue Officers - Has to prima facie proceed on the assumption that entries in the revenue record are correct

Civil Procedure Code, 1908 (V of 1908) S. 9 - Mutation - Revenue Officers - Has to prima facie proceed on the assumption that entries in the revenue record are correct - Title claimed on the basis of mutation cannot be challenged in such suits - Challenge lies before the competent Civil Court - Punjab Tenancy Act, 1887 (16 of 1887) Section 77. (152) PLR 624

(PLR) Rejection - Revenue authorities were fully justified in rejecting the mutation

Mutation - On the basis of agreement - Revenue authorities were fully justified in rejecting the mutation - When the alleged exchange has been denied by the other side, the mutation cannot be sanctioned on the basis of the exchange - In that eventuality, the party who is relying upon the said exchange has to establish its right before the Civil Court. (152) PLR 89

(PLR) Will

Mutation - Confers no title - It cannot be said that merely wrong entry of mutation could give cause of action to the plaintiff to challenge the “Will” when he was in possession as doner. (154) PLR 445

(PLR) Civil Court -Revenue Court would be bound by the judgment of the Civil Court to correct the revenue record

Mutation - Gives no right to the parties as the basic relief claimed is that of declaration of entitlement to the share in the property of their father of a co-parcenary property - In view the declaration of the Civil Court the revenue Court would be bound by the judgment of the Civil Court to correct the revenue record which will result in setting aside the mutation - The right claimed in the suit could not be adjudicated by revenue court, therefore, it can not be said that in view of availability of appeal under revenue Act, the jurisdiction of Civil Court was barred. (155) PLR 278

(PLR) Civil Courts did not have the jurisdiction to decide the cases of mutation entries

Mutation - Civil Courts did not have the jurisdiction to decide the cases of mutation entries. (155) PLR 812

(PLR) Mutation upheld by the civil court

Proposition of law that mutation does not confer title is Unexceptionable - The mutation having been upheld by the civil court would certainly confer title. (155) PLR 496

(PLR) Haryana Ceiling of Land Holdings Act, 1972 (26 of 1972)

Haryana Ceiling of Land Holdings Act, 1972 (26 of 1972) Section 8 - Mutations - Mutation proceedings in the revenue record itself - Is no proof of any transfer or disposition in the manner contemplated under Section 8 of the Haryana Ceiling of Land Holdings Act, 1972 (26 of 1972). (155) PLR 95