Topic
A pending SARFAESI appeal or criminal case cannot block mutation, as the Orissa HC held mutation proceedings fiscal and do not affect title. The court restored rights and ordered the Tahasildar to correct the Record of Rights within two weeks.
The Gauhati High Court ruled that a mutation entry based on an unregistered sale deed cannot extinguish the original vendor's title, and clarified that a suit for declaration coupled with consequential injunction relief falls outside the Section 34 Specific Relief Act proviso bar. This protects property owners from losing title through mere revenue entries and preserves access to declaratory relief with ancillary protections.
Once a civil court's title decree is affirmed through all appeals and no stay is granted, revenue authorities cannot withhold mutation merely because a review petition is pending. This ruling reinforces that judicial finality overrides administrative inertia, protecting rightful owners from prolonged property title disputes and ensuring compliance with binding court orders under the M.P. Land Revenue Code.
The Madhya Pradesh High Court ruled that revenue authorities cannot adjudicate disputes over death claims predating consent for mutation, as such matters fall under the exclusive jurisdiction of civil courts. The judgment underscores that mutation proceedings cannot resolve contentious issues like fraud or forgery, protecting parties from procedural overreach by revenue courts.