Basant Kaur. The Assistant
Collector, Ist Grade, Ludhiana adjourned the mutation proceedings sine
die till the decision of the civil suit vide order dated ... pending before the
Assistant Collector, an application for stay of mutation proceedings was
filed by the petitioner, which was declined on 16.03.2009. The revision
against
orders passed in mutation proceedings will remain orders in summary proceedings and the orders passed in the proceedings will not finally determine the title ... regular proceedings but the fact is that such proceedings go on for years together, therefore, judicious application of mind in mutation proceedings, even though they
orders passed in mutation proceedings will remain orders in summary proceedings and the orders passed in the proceedings will not finally determine the title ... mutation are always subject to adjudication by the competent court."
11. Taking note of the nature and scope of mutation proceedings which are summary
COMMON FACTS: 1924 SALE DEED, 1967
EVICTION SUIT AND 1978 MUTATION
PROCEEDINGS
3. The genesis of these disputes began on
20.06.1924, when one Mr. John ... eviction suit, two other proceedings need to be
highlighted, i.e. consolidation proceedings which
occurred between 1959-1960 and acquisition
proceedings for a portion
Kishan Singh amounts to an order passed
by the mutation court in mutation proceedings. In support of
his contention he has relied upon two decisions ... mutation of names in revenue' courts do not
decide any rights or title of tenure-holders, so
that those mutation proceedings were not
proceedings
regarding the maintainability of the writ petition against orders passed in mutation proceedings. He has referred to several judgements both by the Supreme Court ... regular proceedings but the fact is that such proceedings go on for years together, therefore, judicious application of mind in mutation proceedings, even though they
Khan put her in proprietary possession of the grove. Admittedly, no mutation proceedings were taken at the time. In September 1942, Rafi Ullah Khan ... caused a mutation application to be filed by the appellant and conveyed his written consent to the mutation. Before the mutation proceedings could conclude Rafi
Will that was produced in 1991 before the Tehsildar in mutation proceedings was a forged document prepared in collusion with the attesting witnesses. The thumb ... mutation proceedings are summary proceedings and findings recorded in such proceedings cannot be treated to be binding on regular courts in regular proceedings
with regard to maintainability of the writ petition challenging mutation orders passed in mutation proceedings alone.
21. The Learned counsel for the petitioner has relied ... party can agitate in a regular proceedings. The consolidation proceedings are regular proceedings, and any order passed in mutation proceedings, would not be an impediment
regarding maintainability of the writ petition against the orders passed in mutation proceedings and the cases in which the Court can entertain the writ petition ... orders passed in mutation proceedings will remain orders in summary proceedings and the orders passed in the proceedings will not finally determine the title
