The Supreme Court was dealing with a matter wherein a suit for declaration was instituted by a person seeking to be declared as the sole owner of a property. The property in dispute belonged to the predecessor of the Plaintiff and the defendant. Upon the death of the predecessor, as per Hindu Succession Act, the property fell equally in the share of the Plaintiff and the Defendant. The Defendant permitted the name of the Plaintiff to be recorded in the revune records, which position subsisted for a long period of time.
Plaintiff sought a relief of declaration against the Defendant on the basis of acquisance in permitting the mutation in the name of the Plaintiff. It was claimed that Defendant by allowing the mutation exclusively in favour of the Plaintiff has relinqushed his share in the property.
The Supreme Court relying upon the Sawarni v. Inder Kaur MANU/SC/0730/1996 : (1996) 6 SCC 223 held the assumption on the part of the High Court that as a result of the mututation, Defendant divested himself of the title and possession of half share in suit property is wrong. The mutation entries do not convey or extinguish any title and those entries are relevant only for the purpose of collection of land revenue.
H. Lakshmaiah Reddy Vs.L. Venkatesh Reddy; Civil Appeal Nos. 3725-3726 of 2015
Supreme Court of India, decided on 17th April, 2015