Whether Mutation Confers Right Of Ownership?
Mutation rights transfer or change in title in the records of the local municipal body for the respective property. It is often seen in a case of dispute over land or property that the parties claiming title over such property place their reliance upon their name being reflected in the revenue records.
However, does mutation right confers right of ownership?
Supreme Court in the case of “Narasamma & Ors. Vs. State of Karnataka” held that mutation entry in the revenue records does not confer any right or title over the land, not does it has any presumptive value over the title of such land. Supreme Court in the case of “Bhimabai Mahadeo Kambekar (D) thr. LRs. Vs. Arthur Import and Export Company” once again clarified this position. Facts of the Case: Parties filed a suit before the Court of Superintendent of Land Records with regards to the dispute in title of the land. Thereafter, an appeal was filed before Deputy Director of Land Records. Aggrieved by the order of Deputy Director, Petitioner filed a writ petition which was subsequently dismissed by the High Court. Petitioner has filed SLP in Supreme Court against the order of High Court.
Issue:- Legality of mutation entries in revenue record of any land while deciding the rights of the parties?
Conclusion:- Supreme Court did not go into the merits of the case as it relied on the judgment of Supreme Court in the case of “Narasamma & Ors. Vs. State of Karnataka”, wherein it held that it is well settled that mutation entries of land in the revenue records does not create or extinguish the title over any land nor does such an entry have any presumptive value on the title of such land. Hence, it is well-settled position of law that mutation in revenue records does not confer title over the property