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JASPREET SINGH
Dushyant Kumar Giri @ Dushyant Kumar – Appellant
Versus
State Of U. P. Thru. Prin. Secy. , Revenue, Lucknow – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. Supplementary filed by the learned counsel petitioner is taken on record.
2. Heard Shri M. P. Singh, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents as well as Shri Satish Kumar learned counsel appearing for the private respondent no.2 on caveat.
3. By means of the instant petition, the petitioner assails the order dated 24.09.2022 passed by the Tehsildar, Tehsil Baldirai, District Sultanpur which has been affirmed by the Sub Divisional Magistrate, Baldirai, District Sultanpur by means of order dated 17.05.2023 as well as the order dated 02.08.2024 passed by the Commissioner Ayodhya Division whereby the revisional court by means of order dated 02.08.2024 affirmed the two orders dated 24.09.2022 and 17.05.2023.
4. The dispute in question relates to the property left behind by Jagannath Giri who was the recorded owner of Khata No.116, 117, 118, 419 and 420 of village Sewara, Pargana Barausa, Tehsil Baldirai, District Sultanpur.
5. Mutation proceedings were initiated by the petitioner, who claimed rights in the property of Jagannath Giri on the basis of a Will said to have been executed by Jagannath Giri dated 18
Mutation proceedings are summary in nature and findings do not bind parties in subsequent civil suits regarding the same matter.
The court affirmed that a party cannot challenge a mutation order after losing title proceedings, emphasizing the necessity of full disclosure of prior litigation.
Mutation entries confer no title; true rights must be established in civil court, even when a will is claimed.
The interpretation of Section 92 Proviso (4) of the Indian Evidence Act and the precedent set by the Apex Court regarding the admissibility of subsequent oral agreements to modify will deeds.
Mutation entries do not determine rights and are subject to the findings of the civil court.
Mutation proceedings under the U.P. Land Revenue Act do not confer title and are subject to civil suits for declaration of rights.
Mutation proceedings under the U.P. Land Revenue Act do not confer title and are subject to the outcome of civil suits regarding property rights.
The main legal point established in the judgment is that mutation proceedings are administrative in nature and do not determine the rights or interest of the parties. The right or title in the proper....
The validity of a 'Will' must be established in a regular court, as mutation proceedings do not adjudicate rights or title over property.
Mutation proceedings are summary and do not determine substantive rights; ongoing civil suits concerning property rights take precedence in adjudication.
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