2019 (1) TMI 2029 - SC - Indian Laws

Supreme Court clarifies: Land ownership not determined by revenue records.

The Supreme Court dismissed an appeal regarding disputed land entries in revenue records, upholding the High Court's decision. The Court reiterated that ... Entries made in the revenue records in relation to the disputed land - Mutation in revenue records - HELD THAT:- The law on the question of mutation in the revenue records pertaining to any land and what is its legal value while deciding the rights of the parties is fairly well settled by a series of decisions of this Court. This Court has consistently held that mutation of a land in the revenue records does not create or extinguish the title over such land nor it has any presumptive value on the title. It only enables the person in whose favour mutation is ordered to pay the land revenue in question - It is not in dispute that the civil suits in relation to the land in question are pending in the Courts between the parties. Therefore, it would not be proper to embark upon any factual inquiries into the question as to whether the entries were properly made or not and at whose instance they were made etc. in this appeal. It is more so when they neither decide the title nor extinguish the title of the parties in relation to the land. There are no merits in this appeal - appeal dismissed. Issues:Dispute over entries in revenue records regarding disputed land.Analysis:The Supreme Court heard an appeal against the judgment of the High Court in a writ petition concerning disputed land entries in revenue records. The Court noted that the law regarding mutation in revenue records and its legal significance in determining parties' rights is well-established. The Court emphasized that mutation does not establish or extinguish title over the land, but merely enables the individual to pay land revenue. The High Court, relying on previous Supreme Court decisions, dismissed the writ petition based on this legal principle, a decision upheld by the Supreme Court.The Supreme Court highlighted that ongoing civil suits related to the land in question are pending between the parties. Therefore, the Court declined to delve into factual inquiries regarding the propriety of the entries in the revenue records or the parties responsible for them. The Court clarified that such entries do not determine or affect the parties' title to the land. Consequently, the Court rejected the senior counsel's submission urging factual issues to be considered in the appeal.In conclusion, the Supreme Court found no merit in the appeal and dismissed it accordingly. The Court emphasized that the entries in revenue records do not establish ownership rights and are not determinative of title. The judgment reaffirmed the settled legal position that mutation in revenue records does not confer or extinguish title over the land, maintaining consistency with previous Supreme Court decisions on the matter.