- (1.) THIS is a second appeal against the order of the Revenue Appellate Authority, Kota dated 11-9-64 whereby he accepted the appeal of the respondent against the order of the Addl. Collector, Kota dated 3-9-63.
(2.) IN fact, by the impugned order the R. A. A. had proceeded to dispose of two appeals against the orders of the Addl. Collector, Kota dated 14-10-61 and 3-9-63. The order dated 14-10-61 arose out of mutation proceedings and through the impugned order, the learned R. A. A. accepted the appeal of Narbada against the same and on the basis of this decision proceeded to dispose of the appeal of Narbada against the order of the Addl. Collector, Kota dated 3-9 63 as the last para of the impugned order will show. Now it is well laid that mutation proceedings do not confer any title. Their purpose is merely fiscal and are intended to determine from which of the parties land revenue should be collected. To base the judgment in a suit for possession, as in the instant case, on the decision in the mutation proceedings, is patently incorrect. The learned counsel for the respondent also admits this. It is conceded that R. A. A's judgment which is based on his decision in the mutation proceedings cannot stand a moment's scrutiny. As a result, therefore, we accept this appeal and set aside the R. A. A's judgment dated 11-9-64 in so far as it relates to the suit for possession u/s 183 filed by Ramnarain plaintiff-applicant and direct that the R. A. A. should re-decide this case after hearing the arguments of the parties on the basis of any other material which may be available on record without taking into consideration his judgment in respect of the mutation proceedings. We understand that a revision is also pending against the judgment of the R. A. A. with regard to the mutation proceedings and this case was originally linked with that case but as stated above mutation proceedings do not confer any title. We therefore, decided to de-link the two cases and heard this case independently on its merits. The revision against the mutation order will of course, take its own course. .;