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H. S. THANGKHIEW
Hesilla D. Shira – Appellant
Versus
Chebit Ch. Momin – Respondent
JUDGMENT
1. This Petition under Rule 6 of the Meghalaya High Court (Jurisdiction over District Council Courts) Order, 2014 read with Article 227 has been filed against the order dated 25.09.2019, passed by the Judge District Council Court, Tura in T.S. Appeal No. 3 of 2014.
2. The brief facts are that the predecessor of the petitioner, namely one (L) Herison Ch. Momin, as plaintiff had instituted a suit being T.S. No. 4 of 2007, for declaration of right, title and interest over the suit land situated at Chisrigre, P.O Garobadha, West Garo Hills, which stood in the name of the mother of the plaintiff (L) Roheni Ch. Momin which was covered by Periodic Patta No. 6, Dag No. 22. The claim of the plaintiff was that his parents having only two sons and no female issue, had adopted the grandmother of the respondent in the year 1950, who however, as per the pleadings, deserted the house of the plaintiff's parents. As such, after the death of the parents, the plaintiff had sought for mutation of the suit land before the Revenue Officer, GHADC, in his name, which however, was dismissed by order dated 28.06.2007. A Title Suit that is T.S. No. 4 of 2007, was then filed by the plaintiff (L) Heriso
The duty of the Lower Appellate Court to consider all the issues and evidence before recording its findings, and the rejection of the mutation application by the Judge, District Council Court, in his....
The Revenue Tribunal must ensure compliance with statutory requirements in mutation proceedings, retaining jurisdiction to review such orders despite disputes over title.
Mutation proceedings - There is no finding recorded either by Appellate Court or by Revisional Court as to who was in actual possession of property in question and therefore liable to pay revenue to ....
An adoption deed, once registered, is presumed valid under Section 16 of the Hindu Adoption and Maintenance Act unless disproved, and courts must provide reasons for any conclusions drawn against its....
The mutation of self-acquired property requires a relinquishment deed and cannot be authorized by revenue authorities without jurisdiction, particularly when delay in appeal is not condoned.
Custom requires specific pleading and proof of continuity, certainty, long usage, reasonableness. Second appeals under Section 100 CPC permit no re-appreciation of evidence absent perversity. Fabrica....
Mutation proceedings under the U.P. Land Revenue Act do not confer title and are subject to civil suits for declaration of rights.
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