Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transfer of property - Mutation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Transfer of property — Mutation — Mutation entries in revenue records — Creation of title — First wife of defendant no. 1 and mother of plaintiff purchased certain property and the property stood in her name in revenue record — Upon her death, as per the Hindu Succession Act, defendant no. 1 and plaintiff succeeded to the suit property — Declaration made by defendant no. 1 before the revenue authorities to change the katha in the name of plaintiff in respect of the suit property — Mutation effected accordingly and the. revenue record stood in the name of the plaintiff for a long time — On basis thereof, plaintiff sought reliéf of declaration against the defendants including defendants 2 to 5, children of defendant no. 1 from the second marriage — Suit dismissed by the trial court but allowed by the High Court -- On appeal, held: Mutation of property in revenue records does not convey or extinguish any title and those entries are relevant only for the purpose of collection of land revenue — High Court erred in concluding that the defendant no. 1 by his conduct had acquiesced and divested himself of title of his half share in suit property ~ Defendant no. 1 did not relinquish or release his right in respect of the half share in the suit property at any point of time and that is also not the case pleaded by the plaintiff ~ Assumption on the part of the High Court that as a result of the mutation, defendant no. 1 divested himself of the title |
Judge | Hon'ble Mr. Justice Chockalingam Nagappan |
Neutral Citation | 2015 INSC 335 |
Petitioner | H. Lakshmaiah Reddy & Ors. |
Respondent | L. Venkatesh Reddy |
SCR | [2015] 3 S.C.R. 938 |
Judgement Date | 2015-04-17 |
Case Number | 3725-3726 |
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