Mutation Entries Do Not By Themselves Confer Title, Reiterates Supreme Court

The Supreme Court reiterated that mutation entries do not by themselves confer title.

The bench headed by Justice DY Chandrachud observed thus while disposing an appeal filed by Bruhat Bengaluru Mahanagara Palike against a Karnataka High Court judgment directing it to mutate a property in the name of some parties.  The contention was that, there is a title suit pending in relation to the subject property and therefore the High Court ought not to have issued a direction for mutation.

The Court noted that there is a clarification in the High Court judgment that the direction for mutation will be subject to the pursuit of any other remedy available under the Karnataka Municipal Corporation Act 1956 and it is open to the Bruhath Bengaluru Mahanagara Palike to establish its title by following due process of law.

It is well settled that mutation entries do not by themselves confer title which has to be established independently in a declaratory suit, the bench also comprising Justices Indira Banerjee and Sanjiv Khanna observed.

The court also refused to grant interim relief to the corporation observing that the same has to addressed before the competent civil court where the proceedings are pending.

There are many Apex Court judgments which have 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. (See Sawarni (Smt.) vs. Inder Kaur, (1996) 6 SCC 223, Balwant Singh & Anr. Vs. Daulat Singh(dead) by L.Rs. & Ors., (1997) 7 SCC 137 and Narasamma & Ors. vs. State of Karnataka & Ors., (2009) 5 SCC 591)

CASE: COMMISSIONER, BRUHATH BANGALORE MAHANAGARA PALIKE vs FARAULLA KHAN [SLP (C) No.5743/2020]

CORAM: Justices DY Chandrachud, indira Banerjee and Sanjiv Khanna 

COUNSEL: Sr. Adv Yatindra Singh , AOR Shailesh Madiyal

CITATION:  LL 2021 SC 42

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