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(ஆங்கிலம் தெரியாதவர்கள் மொழிமாற்று பொத்தானை பயன்படுத்தவும்)
எளிமையாக்கப்பட்ட வழக்கு விபரம்
Case: Jitendra Singh vs. State of Madhya Pradesh (SLP (C) No. 13146/2021)
Date: 6 September 2021
Bench: Justice M.R. Shah, Justice Aniruddha Bose
Background
- Jitendra Singh claimed land in Madhya Pradesh based on a will allegedly executed by his grandmother (Smt. Ananti Bai).
- He applied for mutation (entry of his name in land revenue records).
- Problem: He applied for mutation before his grandmother had died (application in Aug 2011, she died later that same month).
- The will itself was disputed by other heirs (daughters of Ananti Bai).
Procedural History
- Nayab Tehsildar (2011): Allowed Jitendra Singh’s application and mutated his name.
- SDO (2018): Cancelled that order and rejected mutation.
- Additional Commissioner (2019): Restored mutation in Jitendra Singh’s favour.
- High Court (2020): Cancelled mutation again. Held that since the will is disputed, Jitendra Singh must go to civil court to prove his rights.
- Supreme Court (2021): Jitendra Singh challenged the High Court decision through a Special Leave Petition (SLP).
Key Legal Points by Supreme Court
- Mutation entry (name in revenue records):
- Does not give ownership/title.
- It is only for fiscal purposes (e.g., collection of land revenue).
- Title disputes must be decided by a civil court, not by revenue authorities.
- A will can only take effect after the death of the person who made it.
- Since the will was disputed, Jitendra Singh must file a civil suit to prove his ownership rights.
Precedents Cited
- Balwant Singh v. Daulat Singh (1997) – Mutation does not create or extinguish ownership.
- Suraj Bhan v. Financial Commissioner (2007) – Revenue record entries are only for revenue purposes, not proof of ownership.
- Several other similar cases confirming the same principle.
Supreme Court’s Decision
- Agreed with the High Court.
- Mutation cannot be done based on a disputed will.
- Jitendra Singh must go to civil court first.
- SLP dismissed.
Outcome
- Jitendra Singh’s name cannot be entered in revenue records just based on the disputed will.
- He must prove ownership in civil court.
- Pending applications closed.
குறிப்பு: இந்த தளத்தில் வழங்கப்படும், செய்திகள், ஆணைகள், தீர்ப்புகள், சட்டங்கள், வழக்கறிஞர்களின் விபரங்கள் யாவும், தங்களின் சுய பரிசோதனைக்கு உட்பட்டவை.