The mutation of land records is administrative and does not confer title; title disputes must be resolved by a civil court.

ORAL ORDER

Petitioner is assailing the orders of third respondent – Assistant Commissioner, Bangalore South Sub Division, Bangalore dated 20.02.2023 passed in R.A(A):399/2015-16 and second respondent-Deputy Commissioner, Bangalore Urban District dated 15.11.2023 passed in RP 314/2023 wherein the authorities have entertained the appeal filed by fifth respondent and directed the revenue authorities to mutate fifth respondent’s name based on sale deed dated 28.03.1938 vide Annexure-D. The said concurrent orders passed by third respondent-Assistant Commissioner and second respondent-Deputy Commissioner are assailed before this Court.

2. Upon a meticulous examination of the relevant records, particularly the akarband and survey sketch/phodi, it becomes evident that the land originally bearing Sy.No.129 in B. Hosahalli Village, Sarjapura Hobli, Anekal Taluk, Bangalore Urban District, encompassed a total extent of 5 acres 10 guntas. The ownership of this land was divided between two distinct sets of individuals. One portion, measuring 2 acres 28 guntas, was jointly owned by Kodiga, Venkata, and Munivenkata. The remaining extent, measuring 2 acres 22 guntas, was held by Kotekondaiah. The present dispute revolves around the competing claims of the petitioner and the fifth respondent, each of whom traces their title through these original owners. The petitioner derives title from Kotekondaiah, who was the rightful owner of 2 acres 22 guntas, while the fifth respondent claims ownership through his ancestor, Urabagila Nagappa, who had acquired 2 acres 28 guntas from Kodiga, Venkata, and Munivenkata.

3. Upon a closer scrutiny of the title documents, especially the sale deed dated 28.03.1938 (Annexure-D) executed in favor of the fifth respondent's ancestor, Urabagila Nagappa, it is unambiguously established that he had purchased only 2 acres 28 guntas. Following this transaction, phodi proceedings were conducted, and the portion acquired by Urabagila Nagappa was assigned a new subdivision number, designated as Sy.No.129/1. Simultaneously, the property that continued to be owned by Kotekondaiah was assigned Sy.No.129/2. The sale deed dated 28.03.1938 distinctly describes the eastern portion of the land as belonging to Kotekondaiah, measuring 2 acres 22 guntas. Further corroboration is found in the sale deed dated 11.02.1942 (Annexure-F), through which Kotekondaiah transferred ownership of the said portion to the petitioner's ancestor, Veerappa Reddy. This document also establishes that the western portion of the property belonged to Urabagila Nagappa. The phodi proceedings and akarband records reaffirm this division, where the western portion measuring 2 acres 28 guntas was designated as Sy.No.129/1, while the eastern portion measuring 2 acres 22 guntas was recorded as Sy.No.129/2 under the ownership of the petitioner's ancestor.

4. A peculiar discrepancy arises in the records concerning the reference to Sy.No.129/2. The sale deed dated 11.02.1942, executed in favor of the petitioner's ancestor, reflects the correct survey number for the purchased land. However, in an anomalous manner, even though the fifth respondent's ancestor had acquired only 2 acres 28 guntas, he repeatedly referred to his property as Sy.No.129/2 in subsequent transactions. This inconsistency is further evidenced in the sale deed dated 10.07.1961 (Annexure-K), wherein Urabagila Nagappa, who was in possession of 2 acres 28 guntas, sold this portion to one Chikanna. Despite his ownership being restricted to Sy.No.129/1, the sale deed inaccurately references Sy.No.129/2. Such misrepresentation appears to have been strategically leveraged by the fifth respondent to advance his claim.

5. Without challenging the mutation entries in favor of Veerappa Reddy concerning Sy.No.129/2, the fifth respondent proceeded to file an appeal before the third respondent, the Assistant Commissioner. The Assistant Commissioner, in an apparent oversight, relied upon the sale deed dated 28.03.1938 an