mutation proceedings Archives

Title Suit Not Barred by Constructive Res Judicata

Constructive Res Judicata Cannot Bar Title Suit When Right Was Not Previously Under Threat: Supreme Court

A man who had owned land since childhood under a 1960 deed was nearly stripped of his entire property through a doctrine designed to prevent re-litigation, the Supreme Court stepped in, holding that constructive res judicata cannot be used to produce harsh or inequitable consequences.

Probate revocation limitation Supreme Court

Case Briefs Supreme Court

Probate Revocation Plea Filed 27 Years After Grant of Probate Barred by Limitation; Notice in Mutation Proceedings Constitutes Constructive Notice: Supreme Court

Holding that wilful abstention from inquiry after receiving a court notice attracts constructive notice, the Supreme Court ruled the respondents’ 2022 revocation application hopelessly time-barred under Art. 137, Limitation Act, and restored the Single Judge’s dismissal order.

removing deceased tenant's name from Record of Rights

Case Briefs High Courts

Orissa High Court: Deceased tenant’s name cannot be removed from Record of Rights through Writ; Mutation proceedings essential

“The Court cannot pass a blanket order in a writ petition directing deletion of the name of a dead person, because some formalities as per law are required to be made before the Tahasildar through a Mutation Proceeding.”