vendor never possessed the suit land. The sale deed, mutation entry
etc. by which, the plaintiff claimed to have acquired title over the suit land ... even if, there was some error or anomaly in the mutation order or
mutation entry, that could be of no consequence in view
executed by Latai Mia on the strength of his name
being mutated in the Jamabandi and the said sale transaction took place at a
consideration ... mortgagee Latai Mia. The law is clear that mere mutation entry cannot give title
to a person. In such a situation, if Exhibit
over the suit land described in Schedule-B, declaration
that the mutation entry in the records of rights vide order dated 26.05.1997 of the Circle ... after her entry in the
month of October, 1979 to the suit land. Further, on perusal of the mutation order, it is seen
from
field that title cannot be declared
merely on the basis of mutation entry in the Jamabondi. It is
submitted that Ext-1 is the Jamabondi ... respondent to prove
her title.
Page 18 of 20
28. Further, mutation entries in record of rights though cannot
be brushed aside, but that alone
plea of adverse possession was also
raised not to speak of mutation entry of the defendants/
appellants on the strength of gift. The defendants/
appellants
Others reported in 1998(4) GLT 137 and submits that that mutation entries
must not be the basis of title yet this mutation entries cannot
basis of Jamabandi by ignoring the settled law that mutation entries cannot be sole
the basis for declaration of title over immovable property. She further ... this Court, it has been held that an order of mutation is not a title document and
hence, no title can be declared
patta No. 379 and Dag No. 512 and 513,
containing entry dated 05.01.1950 of mutation of name of Dil Mohammad by
way o purchase ... patta No. 379
and Dag No. 512 and 513, containing entry dated 05.01.1950 of mutation of
CRP 89/2016 Page 3 of 8
name
certified copies of
the Jamabandi showing various entries including their names, being
mutated. The defendants examined 3 (three) witnesses. However, no
exhibits were
whose name was
mutated in revenue record vide order dated 09.01.1970 passed in
Mutation Case No. 442/1969-70.
7) The further stand ... defendants was that after the entry
of the names of all the legal heirs of Late Umes Ali on 01.11.1973, the
daughters of Late Umes