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2001 Supreme(Bom) 688

R.M.S.KHANDEPARKAR
Nalini w/o Onkar Patil (Smt. ) – Appellant
Versus
Girdhar s/o Kashinath Patil & others – Respondent


Judgement Key Points

Key Points: - The judgment emphasizes that mutation of entries under section 149 requires lawful, stamped, and registered documents to convey rights to immovable property worth Rs. 100/- and above. [4000137270004][4000137270011] - It holds that the Talathi must insist on documentary evidence supporting the acquisition of rights before mutation, and that intimation from registering authorities under section 154 is mandatory; mutations based on mere applications without proper documents are vulnerable to being quashed. [4000137270004][4000137270010][4000137270011] - The court quashed mutation entry 1319 and restored the original entry 1086 in favor of Onkar Patil, reinforcing that entries have presumptive value but must be supported by valid documentary evidence; unverified or fabricated applications cannot justify mutation. (!) [4000137270015][4000137270012] - It cites that Section 157 provides that entries in the record of rights and certified mutation entries are presumed true until contradicted, underscoring the need for proper documentation to convey rights. [4000137270006][4000137270007] - The matter was remanded to avoid commenting on ownership, since ownership is pending before the Civil Court. [4000137270014]

What is the requirement for lawful and duly stamped and registered documents for mutation of entries in revenue records under the Maharashtra Land Revenue Code?

What are the consequences of mutating entries without proper documentary support or prior intimation to the Talathi?

How does the judgment treat the presumptive value of entries in the record of rights and the binding effect of registered documents in mutation proceedings?


JUDGMENT - R.M.S. KHANDEPARKAR, J.:---The petition arises from the judgment and order dated 31st December, 1999 passed by the Additional Commissioner, Nashik allowing the revision application filed by the respondent Nos. 1 and 2 against the order of the Additional Collector, Jalgaon dated 19th January, 1999. The Additional Collector, Jalgaon in RTS Appeal No. 56/98, by the said order of 19th January, 1999, had allowed the appeal filed by the petitioner against the order of the Sub-Divisional Officer, Bhusawal dated 6th April, 1998. The said Sub- Divisional Officer, Bhusawal by his order dated 6th April, 1998 in RTS Revision No. 47/97 had rejected the revision application filed by the petitioner against the mutation of Entry No. 1319 and other mutation entries carried out by the Talathi of village Rajore on 27th July, 1995 pursuant to application stated to have been filed by one Onkar Patil.

2. It is the case of the petitioner that Onkar Pandurang Patil was her husband and he had purchased agricultural land being Gut No. 205 admeasuring 46 acres in the village of Rajore by a deed dated 5th February, 1979 for a consideration of Rs. 9000/-. Pursuant to the purchase of the property, mut
























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