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G. S. AHLUWALIA
Ramsakhi – Appellant
Versus
Mahesh Kumar – Respondent
ORDER
1. This petition under Article 227 of Constitution of India has been filed seeking the following reliefs:-
(i) To call for the relevant record pertaining to the subject matter for kind perusal of this Hon'ble Court..
(ii) To issue a writ in the nature of certiorari for quashing the order impugned dt. 15.2.24 Ann.P/1 passed by the Upper Commissioner Sagar Division, Sagar M.P. in the matter of Case No. 626/A6/2016 626/A6/2016-17 appeal filed under section 44 (2) of MPLR Code 1959 as well the order dt. 29.9.10 passed by the Tahsildar in Case No. 29/A-6/2009-10 29/A 10 with regard to the land Kh.No.50/1 area 1.173 Hec on the basis of will dt.17.11.08 upholding the order dt. 27.9.16 passed in case No. 113/Appeal/2012-13 113/Appeal/2012 13 by the SDO (Rev) Rajnagar Distt: Chhatarpur as per Ann. P/2 maintaining the staus quo over the land in question and revenue record.
(iii) Any other relief which this Hon'ble Court deems fit and proper under the facts and circumstances of the case may also be passed together cost of the petition.
2. It is submitted by counsel for petitioner that on the basis of Will purportedly executed by late Smt. Pyari Bai, the respondents ffiled an applicatio
A Will must be duly proved as per legal requirements before it can authorize mutation in revenue records; revenue authorities lack jurisdiction in title matters.
Title can be acquired by virtue of Will and name can also be mutated in revenue records irrespective of fact as to whether there is any rule in that regard or not.
A will must be legally proved before names can be mutated in revenue records; the authority to adjudicate on its authenticity lies only with civil courts.
Revenue authorities cannot decide title based on a Will; such matters must be adjudicated in civil courts, and the authenticity of a Will must be proven for mutation.
The Revenue Court has no jurisdiction to decide the genuineness of a Will, and only the Civil Court can determine the genuineness of a Will.
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....
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