MAHASINGH Vs. SURJYA
LAWS(RAJ)-1952-7-7
HIGH COURT OF RAJASTHAN
Decided on July 30,1952

MAHASINGH Appellant
VERSUS
SURJYA Respondents

JUDGEMENT

- (1.)THIS is a revision application, in a mutation case against the appellate order of the Additional Commissioner, Alwar dated 17. 7. 1951.
(2.)IT is contended by the petitioner that the sale-deed on the basis of which mutation was sought had been duly registered and the receipt of consideration and transfer of possession duly admitted before the Registrar. Therefore, the petitioner was entitled to have mutation done in his name. The plea of non-payment of consideration money could not be raised in these circumstances.
The Collector ordered mutation in the name of the vendee but the Additional Commissioner set aside the order of the Collector because the vendee had not got any receipt of the consideration money having been paid to the vendors.

Hink for purposes of mutation when the sale-deed had been duly registered the only point to be seen by the Revenue Officers was whether possession had been transferred to the vendee by the vendor. If so, the mutation should be recorded and the question whether consideration had been paid or not need not be enquired into by them. The parties may be left to have their claims decided by the civil courts. In this case I find that entries had been made in the name of the vendee in the khasra but it is contended by the cultivators that the possession was still with them and the vendees had not been put in possession. The question of possession does not seem to have been enquired into by any of the subordinate officers. As observed above I tHink the mutation should only be done if possession had been transferred to the vendees and not on the mere basis of a registered deed. The question of consideration need not be gone into in mutation proceedings.

I would, therefore, with the concurrence of my learned colleague, accept the order of the learned Additional Commissioner refusing mutation and remand the case to the S. D. O. to hold an enquiry whether possession had actually been delivered to the vendee. If so, mutation may be done in the name of the vendees but if possession had not been delivered the mutation may be refused. .



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