Point of Law: Suit for declaration - Revenue records - Mutation entries in the revenue records does not create or extinguish the title nor have any presumptive value on title.

JUDGMENT :

JAVED IQBAL WANI, J.

1. In this petition, the petitioner on the foundation of the case set up implores for the following reliefs:

Certiorari for quashing the impugned order dated 27.11.2019 passed by Hon’ble Court of Principle District Judge, Anantnag, as contained in Annexure-I along with the order dated 04.11.2019 passed by learned Munsiff (JM) Anantnag, bearing file number 237/A titled as Mst. Shahzada versus Mst. Aamina and others and consequent upon that direct the parties to maintain the status quo with respect to suit property falling under khewat No. 149, khata Nos. 564, 565, 566, 567 reference to survey Nos. 612, 607/1, 411, 1506/611, 1507/612 situated at Seer Hamdan Anantnag.

2. The background facts as stated in the petition by the petitioner under the cover of which the petitioner claims the reliefs aforesaid, are in brief as under:-

(i) A suit for declaration with consequential relief of partition and possession accompanied with an application for interim relief came to be filed by the petitioner herein against the contesting and proforma respondents herein in respect of land claimed to be joint and un-partitioned property covered under khewat no. 149 Khat No. 564, 565, 566 and 567 and covered under Survey Nos. 612, 607/01, 411, 1506/611, 1507/612 situated at Seer Hamdan Anantnag.

(ii) The claim is lodged by the petitioner qua the land supra on the ground of inheritance being daughter of one Mst. Jana D/o Qudoos, one amongst the four sons of one Ama.

(iii) Respondent No. 1 is stated to be the daughter of the other son of Ama namely Sanaullah. Besides respondent No. 1 Sanaullah is stated to have also two more daughters namely Saleema and Raja (sisters of respondent No. 1).

(iv) Proforma respondents 2 to 6 are stated to be legal heirs of another daughter of Qudoos namely Khurshi.

(v) The other two sons of Ama namely Rasool and Aziz are stated to have died issueless.

(vi) The aforesaid land despite being ancestral property belonging to Ama (estate holder) is alleged to have been fraudulently and illegally incorporated in the name of the respondent No. 1 upon managing illegal mutations in the revenue records after the death of her father Sanaullah.

(vii) The petitioner herein in the aforesaid suit claims to have a definite share in the suit land along with proforma respondents herein having been denied by the respondent No. 1 herein on account of aforesaid alleged illegal mutations/entries.

(viii) The plaintiff/petitioner herein claimed that the suit land have had to devolve in two equal shares upon her and the proforma respondents herein in equal shares akin to the respondent No. 1 herein and her other two sisters after the death of their fathers namely Sanaullah and Qudoos as the said land had been left by the estate holder Ama.

(ix) Upon being denied her share in the suit land by the respondent No. 1 herein inasmuch as the partition of the same thereof, the plaintiff/petitioner herein filed the suit supra.

(x) In the application for interim relief accompanied with the suit supra the trial court passed an order of status-quo initially on 01.06.2019. The application, however, came to be dismissed and interim order vacated vide order dated 04.11.2019.

(xi) An appeal came to be filed by the plaintiff/petitioner herein against order dated 04.11.2019 supra passed by the trial court before the court of Pr. District Judge Anantnag, which appeal has also been dismissed vide order dated 27.11.2019.

(xii) Both the orders dated 04.11.2019 and 27.11.2019 are impugned in the instant petition while invoking supervisory jurisdiction of this court under Article 227 of the Constitution, inter-alia amongst others fundamentally on the grounds that the impugned orders are patently illegal and that the courts below failed to appreciate the case of the plaintiff/petitioner herein in its correct perspective and in the process passed the impugned orders beyond the scope of established principles of law governing the field of granting interim rel