(1)

JUDGMENTS PERTAINS TO
ENTRY MATTER

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 Jhaverbhai Savjibhai Patel Through P.O.A.
Holder Ashok J. Patel
v.
Kanchanben Nathubhai Patel and Ors.

2005 (3) GLH 657 (PDF 1 )

Bombay Land Revenue Code, 1879 – S. 73 – Mutation of

entry on basis of Sale Deed – Objection filed against –
By upholding objections, authority cancelled the entry in
toto – Held, entry must be registered on production of
registered document – Validity of document can be
adjudication by competent authority.

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 Jayantibhai Manchharam Merie
v.
State of Gujarat

2011 (3) GCD 2612 (PDF 2 )

Constitution Of India – Art. 226, 227 – Bombay Tenancy and Agricultural

Lands Act, 1948 – S. 84-C – initiation of appropriate proceedings against
petitioner while taking the mutation entry – it was proved that petitioner
was non-agriculturist at time of purchasing land in question – impugned
order passed – held, mutation entry in revenue record is required to be
made on the basis of registered sale deed – however while certifying
same and/or considering said entry if it is found in breach of any
particular law – it will be open for appropriate authority to refer matter or
to initiate proceedings for alleged breach – mutation entry in favor of
petitioner with respect to land in question – petition allowed. [PARA-7]

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 L. S. of Popat khima Ramani
v.
Collector, Rajkot and Ors.

2002 (3) GLR 2256 (PDF 3 )

Bombay Land Revenue Code, 1879 (V of 1879) - Sec. 135-L(2) - Bombay Land Revenue Rules,
1921 - Rule 108(6) - Appellate order of Deputy Collector pertaining to record of rights - Collector
has revisional jurisdiction in respect of such orders. [PARA-7]

ADMINISTRATIVE LAW - Delay and Laches - Bombay Land Revenue Rules, 1921 - Rule 108(5) -
Statutory power to be exercised within reasonable time - However, person who has committed
fraud cannot take this defence to deprive another of his rights. [PARA-10]

Bombay Land Revenue Code, 1879 (V of 1879) - Secs. 135D and 135J - Revenue authorities
exercising jurisdiction in respect of record of rights - Authorities cannot decide disputed
questions of title to property. [PARA-23, 26 and 27]

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 Babubhai Mafatlal Patel
v.
State of Gujarat and Ors.

2012 LS (Guj) 1526 (PDF 4 )

Constitution of India – Art. 226, 227 – Letters Patent – Cl. 15 – Title

Dispute – mutation – dispute entry in revenue record – challenged by
appellant claiming to be owner of land – held, when dispute is with
regard to entry in revenue record, only competent Court empowered to
decide ownership of disputed property that would be civil Court and
Courts exercising powers under Art. 226 and 227 of Constitution would
loath to decide same – appeal dismissed. [PARA-8]

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 Sawarni (Smt.)
v.
Inder Kaur (Smt) and Ors.

(1996) 6 SCC 223 = 1996 LawSuit (SC) 1274 (PDF 5)

Wherein it has been held by the Hon’ble Supreme Court

that, “the mutation of the property in the revenue record
does not create or extinguish title nor has it any presumptive
value on title. It only enable the person in whose favour
mutation is ordered to pay the land revenue in question.

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 Sankalchand Jaychandbhai Patel and Others
v.
Vithalbhai Jaychandbhai Patel and others

(1996) 6 SCC 433 = 1996 LawSuit (SC) 1417 (PDF 6)

Wherein it has been held that, “it is well settled law that
mutation entries do not create any title or interest
therein.”

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 State of U. P.
v.
Amar Singh and Others

(1997) 1 SCC 734 = 1996 LawSuit(SC) 1550 (PDF 7 )

Wherein it has been held that, “it is well settled law that
mutation entries are only for the purpose of enabling the
State to collect the land revenue from the person in
possession but it does not confer any title to the land.”

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 Collector
v.
Narsing Rao

(2015) 3 SCC 695 (PDF 8 )

Wherein the Hon’ble Supreme Court has verdicted in negative the issue
relating the title of pattadar by the Government. It was specifically held after
observing the facts of the case that, as per the Regulation 13 any entry in
the said record of rights shall be presumed to be true until the contrary is
proved.
It was further observed that, the regulation 1358 F was in vogue till it was
repealed by the A. P. Rights in land and Pattadar Pass Books Act 1971.
The term of “Khasra” was also described as , “Khasra is a register recording
the incidents of a tenure and is a historical record. Khasra would serve the
purpose of a deed of title, when there is no other title deed.
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