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VISHAL DHAGAT
Muneshwar Prasad – Appellant
Versus
Teerath (Died) Through LRs Ram Ashray Chamar – Respondent
ORDER
1. Petitioner has filed this petition under Article 227 of Constitution of India challenging order dated 16.12.2013 passed in Revision Case No.2420/III/2013 by Board of Revenue, Madhya Pradesh, Gwalior.
2. Brief facts of the case are that one Mangal Chamar was owner of land bearing survey No.148 measuring 0.547 Hectare situated in village Karodaha, Teshil Sirmour. Said land was sold to respondents namely Teerath, Jageshwar and Gangadeen by Mangal Chamar. Mangal Chamar died, therefore, Revenue Inspector, Baikunthpur entered the names of legal heirs of Mangal Chamar in revenue records i.e. wife Smt. Durghatiya Bai and daughter Smt. Sathiniya. Appeal was filed against said order of mutation before SDO, Sirmour. SDO, Sirmour remanded the matter back vide its order dated 13.5.1988 in Revenue Case No.247-A6/87-88 for passing fresh order after hearing all the interested parties. Nayab Tehsildar after hearing the parties found that sale-deed was executed on stamp paper of Rs.50/- in the year 1952. Sale-deed was executed in favour of Swami Dayal S/o Ram Prasad. Petitioners are legal heirs of Swami Dayal. By order of Tehsildar dated 25.8.1989 mutation was allowed in name of Swami Dayal S
Once a registered sale deed is executed, revenue entry is required to be mutated on the basis of such sale deed.
Mutation proceedings do not confer title, and substantive rights must be established in a competent civil court.
Mutation proceedings are summary in nature, and existing entries indicating ownership should not be disturbed without substantial evidence, reaffirming the presumption of ownership based on prior rec....
The dismissal of suits filed by the respondents influenced the court's decision to quash the order staying the mutation entry in favor of the petitioner.
The mutation application based on an unchallenged sale deed cannot be dismissed in summary proceedings, affirming the Board of Revenue's review authority under the U.P. Land Revenue Act.
The main legal point established in the judgment is the interpretation and application of Section 65 of the Gujarat Land Revenue Code, 1879 in the context of a land dispute.
Point of Law : where the legislature does not provide for any length of time within which the power of revision is to be exercised by the authority, suo motu or otherwise, it is plain that exercise o....
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