Case BriefsHigh Courts

Kerala High Court: The Bench of Alexander Thomas, J. set aside an order passed by Tahsildar vide which petitioners’ request for transfer of registry and mutation was rejected, holding the same to be ultra vires and illegal.

Petitioners’ herein were the donee of gift deeds executed by their respective mothers – Meenakshi Amma and Narayani Amma. The respondent rejected their request for transfer of registry and mutation in their names on the ground that Narayani Amma and Meenakshi Amma had got right over the subject property on the basis of a registered gift deed executed by their mother. The said deed specifically stipulated that the subject property therein was to be possessed as ancestral property and its rights would devolve only on female descendants. Thus, the Tahsildar opined that transfer of registry sought for by the petitioners could not be done as Meenakshi Amma and Narayani Amma did not have the right to alienate property going by the descriptions and stipulations in gift deed.

The Court opined that Tahsildar had no power whatsoever to decide on the title of the parties concerned. When the concerned Sub-Registrar had duly registered gift deeds in favour of the petitioners under the Registration Act, 1908 then the respondent could not have refused mutation and transfer of registry on basis of his opinion. Determinations of vexed issues of the title are issues falling within the exclusive jurisdiction of a civil court.

In view of the above, the petition was allowed directing the respondent to take necessary steps for the transfer of registry and mutation in favour of the petitioners.[Marunnoli Vijayalakshmi v. Tahsildar, Koyilandi Taluk, 2018 SCC OnLine Ker 7425, Order dated 13-12-2018]

Case BriefsHigh Courts

Allahabad High Court: The petition had been filed before a Single Judge Bench comprising of Anjani Kumar Mishra, J., from the proceeding going on under Section 34 of the Land Revenue Act, for mutation. This order of mutation was filed by Tehsildar in favour of respondent. Petitioner contended that the above order was passed ex-parte in a restoration application which was rejected by Tehsildar.

Petitioner aggrieved by the rejection of the restoration application filed a revision petition before Additional Commissioner which was allowed. Later, the order which rejected the recall application and order of mutation was set aside. The restoration application reveals that petitioner claimed to be the second wife of one Bhunesh after whose death the mutation proceedings were filed. It was found that petitioner failed to show that she was the second wife of Bhunesh thus her restoration application was rejected.

The High Court observed that the order in question seemed perverse where petitioner failed to provide evidence to establish her position as the second wife. Court was of the view that this matter requires consideration and the matter was disposed of. [Mamta v. State of U.P.,2018 SCC OnLine All 1784, dated 05-10-2018]