Mutation Entry does not itself confer Title: SC
The Supreme Court in the case of ‘Commissioner Bruhath Bangalore Mahanagar Palike vs Faraulla Khan’ held that the entry of mutation in revenue record does not confer the Title itself. The Supreme Court in this case disposed of an SLP filed by the Bruhath Bangalore Mahanagar Palike against the judgment of the High Court of Karnataka. The Karnataka High Court gave directions for the mutation of property in the name of some party. The opposite contends that the suit is pending in the court for the title so; the High Court ought not to have issued the order for mutation.
The Supreme Court held that the Karnataka High Court’s order is subject to the remedy available under the “Karnataka Municipal Corporation Act 1956”. According to the Judgment the Bruhath Bangalore Mahanagar Palike is free to establish their title via the due procedure of law.
Further, the Supreme Court held that the entry of mutation is not itself capable to confer the title of the property on someone. The entry of mutation under revenue record is only a record. It only imposes an obligation to pay the land revenue in regard to that property.
The supreme further observes that the interim relief can only be granted by the competent civil court before which the case is pending.
Read more blogs and news @ advocatetanwar.com