valid
gift were met and also whether nomenclature employed in
Mutation Entry can be said to be indicative of intentions?
FACTUAL MATRIX
3. The brief ... third portion among his four children. Reliance is
placed on the Mutation Entry No. 8258 dated 21.01.1973, which is disputed by the
plaintiffs
father of the plaintiff Nos.2 to
6, created a false mutation entry vide M.E.No.7348
by submitting a false waradi ... actual possession and
enjoyment of the suit property. The said mutation
entries were effected without issuing any notice to
the father of the plaintiff
deed No. 1128 of 1978 . On the
basis of sale deed, mutation entry No.7 was sanctioned by the
Revenue Authority and the name ... mutation entry no. 1731 and defendant No. 2 got mutated his name
vide mutation entry No 3916 to the extent of 80 R land
deed No. 1128 of 1978 . On the
basis of sale deed, mutation entry No.7 was sanctioned by the
Revenue Authority and the name ... mutation entry no. 1731 and defendant No. 2 got mutated his name
vide mutation entry No 3916 to the extent of 80 R land
square metres of Mauje Palanpur Kasba.
Pursuant thereto, Mutation Entry No.2753 came to be posted on 4th
July, 1987. Being aggrieved by the aforesaid ... mutation entry, the
petitioner went in appeal before the Deputy Collector, Palanpur, who,
vide order dated 29th
July, 2011, set aside the mutation entry
wherein it has been stated as under:
"7. That the mutation entry does not confer any right, title or interest in favour ... entry surreptitiously made and could also be termed as a fraudulent entry. In any case it is certainly an entry which is without any basis
plaintiffs are relying upon Ex.P2-Mutation
Register extract. A perusal of the mutation entry shows that
the first defendant got admitted his name ... mutated from the name
of the father of the first defendant to the name of the first
defendant. The purpose of mutation entry
perused carefully then it does not lay down any law
that mutation entry in the name of any person can be
treated as gift ... oral gift given between
husband and wife and pursuant thereof mutation entries
are recorded. In this regard, it is pertinent to note
that
perused carefully then it does not lay down any law
that mutation entry in the name of any person can be
treated as gift ... oral gift given between
husband and wife and pursuant thereof mutation entries
are recorded. In this regard, it is pertinent to note
that
produced, they all stand In the name of the first defendan
mutation entry has been made In their favour and therefore
tiff
those properties exclusively ... anterior act. It is only on the basis of gift. a mutation entry is
made. When gift is denied, the burden of proving the gift
