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TMI Blog2021 (9) TMI 1506X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the person and the mutation entry in the revenue record is only for the fiscal purpose. As per the settled proposition of law, if there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the will, the party who is claiming title/right on the basis of the will has to approach the appropriate civil court/court and get his rights crystallized and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made. Right from 1997, the law is very clear. In the case of Balwant Singh v. Daulat Singh (D) by Lrs. [ 1997 (7) TMI 692 - SUPREME COURT] , this Court had an occasion to consider the effect of mutation and it is observed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the High Court of Madhya Pradesh, Principal Seat at Jabalpur in M.P. No. 508 of 2019, by which the High Court has allowed the said writ petition and has quashed and set aside the order passed by the Additional Commissioner, Rewa Division, Rewa, directing to mutate the name of the Petitioner herein in the revenue records, which was sought to be mutated on the basis of the will, the original Respondent No. 6 has preferred the present special leave petition. 2. That the Petitioner herein filed an application Under Section 109/110 of the Madhya Pradesh Land Revenue Code to mutate his name in the revenue records in respect of Khasra No. 41/03, 101/03, 314/03, 102/02, 132/02, 133/03, 142/02, 145/02, 146/02, 313/01, total area of 4.53 acres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and set aside the order passed by the SDO dated 12.09.2018 and consequently the order passed by the Nayab Tehsildar directing to mutate the name of the Petitioner herein in the revenue records on the basis of the alleged will dated 20.05.1998 came to be restored. By the impugned judgment and order, the High Court has set aside the order passed by the Additional Commissioner observing that once the will is disputed and even otherwise the Petitioner who is claiming rights/title on the basis of the will executed by the deceased Ananti Bai, the remedy available to the Petitioner would be to file a suit and crystallize his rights and only thereafter the necessary consequence shall follow. 4. Feeling aggrieved and dissatisfied with the impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Right from 1997, the law is very clear. In the case of Balwant Singh v. Daulat Singh (D) by Lrs. reported in (1997) 7 SCC 137, this Court had an occasion to consider the effect of mutation and it is observed and held that mutation of property in revenue records neither creates nor extinguishes title to the property nor has it any presumptive value on title. Such entries are relevant only for the purpose of collecting land revenue. Similar view has been expressed in the series of decisions thereafter. 6.1. In the case of Suraj Bhan v. Financial Commissioner (2007) 6 SCC 186, it is observed and held by this Court that an entry in revenue records does not confer title on a person whose name appears in record-of-rights. Entries in the revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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