Mu­ta­tion does not con­fer own­er­ship

Business Standard - - BUSINESS LAW -

Mu­ta­tion of a piece of land in the rev­enue records does not cre­ate or ex­tin­guish the ti­tle over such land nor it has any pre­sump­tive value on the ti­tle. “It only en­ables the per­son in whose favour mu­ta­tion is or­dered to pay the land rev­enue in ques­tion,” the Supreme Court clar­i­fied in its judg­ment in the case, Smt Bhimabai vs Arthur Im­pex Co While dis­miss­ing the ap­peal against the or­der of the Bom­bay High Court, the apex court stated that since civil suits in re­la­tion to the land in ques­tion were pend­ing in the courts be­tween the par­ties, it would not em­bark upon any fac­tual in­quiries into the ques­tion as to whether the en­tries were prop­erly made or not and at whose in­stance they were made. It is more so when they nei­ther de­cide the ti­tle nor ex­tin­guish the ti­tle of the par­ties.

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