‘Mutation’ by Revenue Authorities & Survey by Survey Authorities will not Confer ‘Title’

Saji Koduvath, Advocate, Kottayam.

Abstract

Revenue Records will not confer ‘title’

• Sawarni Vs. Inder Kaur, (1996) 6 SCC 223
• Balwant Singh Vs. Daulat Singh, (1997) 7 SCC 137
• Suman Verma v. Union of India, (2004) 12 SCC 58; 
• Faqruddin v. Tajuddin, (2008) 8 SCC 12;
• Rajinder Singh v. State of J&K, (2008) 9 SCC 368; 
• Narasamma Vs. State of Karnataka, (2009) 5 SCC 591
• Municipal Corporation, Aurangabad v. State of Maharashtra, (2015) 16 SCC 689; 
• T. Ravi v. B. Chinna Narasimha, (2017) 7 SCC 342;
• Bhimabai Mahadeo Kambekar v. Arthur Import & Export Co., (2019) 3 SCC 191; 
• Prahlad Pradhan v. Sonu Kumhar, (2019) 10 SCC 259;
• Ajit Kaur v. Darshan Singh, (2019) 13 SCC 70.
• Bhimabai Mahadeo Kambekar Vs. Arthur Import and Export Co. (2019) 3 SCC 191
• Prahlad Pradhan Vs. Sonu Kumhar, 2019 SCC Online SC 1416

Survey Authorities Not to decide title; Conclusive proof – Boundaries recorded correctly

• Kannan v. Kannan, (1964 KLT 228), 
• The Cheriyanad Grama Panchayath v. The State of Kerala,  (2019 (5) KHC 699),
• Venugopalan Nair v. Saraswathy Amma, (2013 (4) KLT 717),
• Karthyayani v. Balakrishnan, (2014 (2) KLT Suppl. 67 (Ker.),
• Ibrahim v. Saythumuhammed, (2013 (4) KLT 435)
• Achama Alexander v. Asst. Director, Survey and Land Records, (2022 (2) KHC 131).
• Thomas v. Philip, 2022(4) KerHC 451

Part – 1

Mutation will not confer ‘title’

It is a settled proposition of law (i) that the mutation entry in revenue documents will not confer any right, title or interest in favour of any person and (ii) that the mutation in the revenue record is only for the fiscal purpose. After pointing out these legal propositions it is observed in Jitendra Singh vs The State Of Madhya Pradesh, 2021 SCC OnLine SC 802, as under:

• “6. 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 revenue records or jamabandi have only “fiscal purpose”, i.e., payment of land revenue, and no ownership is conferred on the basis of such entries. It is further observed that so far as the title of the property is concerned, it can only be decided by a competent civil court. Similar view has been expressed in the cases of Suman Verma v. Union of India, (2004) 12 SCC 58; Faqruddin v. Tajuddin (2008) 8 SCC 12; Rajinder Singh v. State of J&K, (2008) 9 SCC 368; Municipal Corporation, Aurangabad v. State of Maharashtra, (2015) 16 SCC 689; T. Ravi v. B. Chinna Narasimha, (2017) 7 SCC 342; Bhimabai Mahadeo Kambekar v. Arthur Import & Export Co., (2019) 3 SCC 191; Prahlad Pradhan v. Sonu Kumhar, (2019) 10 SCC 259; and Ajit Kaur v. Darshan Singh, (2019) 13 SCC 70.”

Revenue Record Raises a Presumption in Regard to Possession

It is observed by the Apex Court, in State of AP v. Star Bone Mill & Fertiliser Company, (2013) 9 SCC 319, that a revenue record is not a document of title; it merely raises a presumption in regard to possession (Quoted in M.  Siddiq   v. Mahant Suresh Das, 2020-1 SCC 1).

Presumption of Correctness on Entries in the Revenue Record

Vishwa Vijai Bharti vs Fakhrul Hasan, AIR 1976 SC 1485 it is held as to the presumption of correctness on revenue-records as under:

• “It is true that the entries in the revenue record ought, generally, to be accepted at their face value and courts should not embark upon an appellate inquiry in to their correctness. But the presumption of correctness can apply only to genuine, not forged or fraudulent, entries. The distinction may be fine but it is real. The distinction is that one cannot challenge the correctness of what the entry is the revenue record states but the entry is open to the attack that it was Made fraudulently or surreptitiously. Fraud and forgery rob a document of all its legal effect and cannot found a claim to possessory title.”

Revenue record do Not confer Presumptive Value on Title

The argument as to ownership based upon entries in the revenue records had been negated in Prahlad Pradhan  v. Sonu Kumhar, (2019) 10 SCC 259. It was held that the revenue record would not confer title to the property nor do they have any presumptive value on the title.

• “5. The contention raised by the appellants is that since Mangal Kumhar was the recorded tenant in the suit property as per the Survey Settlement of 1964, the suit property was his self-acquired property. The said contention is legally misconceived since entries in the revenue records do not confer title to a property, nor do they have any presumptive value on the title. They only enable the person in whose favour mutation is recorded, to pay the land revenue in respect of the land in question. As a consequence, merely because Mangal Kumhar’s name was recorded in the Survey Settlement of 1964 as a recorded tenant in the suit property, it would not make him the sole and exclusive owner of the suit property.” (Quoted in Prabhagiya Van Adhikari Awadh Van Prabhag v. Arun Kumar Bhardwaj (SC): 2021). See also: Narasamma & Ors. Vs. State of Karnataka & Ors. (2009) 5 SCC 591).

‘Mutation’ Only for Fiscal Purposes; Legal Rights are subject civil court decision

Following propositions can be culled out from the very rules of The Transfer of Registry Rules made applicable in the State of Kerala (Rule 15 and 16):

1. It is the duty of the Tahsildar to determine the person in whose name the transfer of registry shall be made.
2. It is the immediate concern of the Land Revenue Department to keep the thandaper accounts (Chitta) up to date.
3. It is the immediate concern of the Land Revenue Department bring into the thandaper accounts (Chitta) the names of the real land-holders who shall be held liable for the payment of Government revenue due on the land.
4. No case shall be rejected solely for the default of appearance of the parties.
5. Only a summary enquiry is to be made by the Revenue authorities.
6. The summary enquiry and the decision thereon is only an arrangement for fiscal purposes.
7. The summary enquiry and the decision thereon do not affect the legal rights of any person in respect of the lands covered by the decisions in transfer of registry cases.
8. The question of legal rights is always subject to adjudication by civil courts.
9. And, pattas will be revised from time to time in accordance with judicial decisions.

Transfer of Registry Rules, 1966

Rule 15 and 16 of the Transfer of Registry Rules, 1966, of the Kerala State read as under:

• Rule 15 : “With the help of the details furnished in the statement in Form ‘A’ prepared by the Village Officers and such further information as the Tahsildar may receive from parties and village officials at the time of enquiry regarding the fact of possession and enjoyment, payment of tax and other particulars, the Tahsildar shall determine the person in whose name the transfer of registry shall be made. No case shall be rejected solely for the default of appearance of the parties as it is the immediate concern of the Land Revenue Department to keep the thandaper accounts (Chitta) upto date and bring into it the names of the real land-holders who shall be held liable for the payment of Government revenue due on the land.”
• Rule 16 : “The summary enquiry and the decision thereon is only an arrangement for fiscal purposes and does not affect the legal rights of any person in respect of the lands covered by the decisions in transfer of registry cases. The question of legal rights is always subject to adjudication by civil courts and pattas will be revised from time to time in accordance with judicial decisions.”

The Kerala High Court held in Thulasibhai CC v. State of Kerala, 2010 (4) KLT 215, that the revenue recovery proceedings would not stand as a bar either in the Revenue Recovery Act or in the Transfer of Registry Rules to effect mutation. In Sudan K.K.   v. State of Kerala, 2013 (4) KLT 563, it was held that the pendency of a civil suit also can never be a bar with regard to the acceptance of land tax unless specifically restrained by any order passed by the Court.

Part – II

Survey and Boundaries Act

Kerala High Court held in Thomas v. Philip, 2022(4) KerHC 451 (K. Babu, J.) to the following effect:

Determine Boundaries by Survey Authorities

• The Survey and Boundaries Act, 1961 empowers the survey authorities to determine the boundaries of different sub-divisions.
• The Survey and Boundaries Act, 1961 empowers the survey authorities to determine the boundaries of different sub-divisions.
• It is predominantly based on possession.
• As per the Act, the survey officer has the power to determine and record any boundary as undisputed in respect of which no dispute is brought to his notice.
• Where a boundary is disputed, the survey officer shall, after making such inquiries as he considers necessary, determine the boundary and record it in accordance with his decision with reasons in writing for arriving at that decision.

Survey Authorities Not to decide title

• It is not for the survey authorities to decide the question of the title (based on resurvey records).
• The decision of the survey authorities shall not affect the right and title of the properties acquired by a party as per a valid title deed.

Properties Identified on Title Deeds

• The properties of the parties are to be identified based on the title deeds.
• The changes in the extent of the property in the resurvey would not confer title.

Title and Possession decided by Civil Court

The title and possession are matters to be decided by a Civil Court.

Merely because a portion of the plaintiff’s property is shown in the resurvey records as with defendant’s survey number, it cannot lead to an inference that possession was with the defendant.

In Sundaresan Nair v. Mallan Nadar, the Kerala High Court (2012 – K. Vinod Chandran, J.) held as under:

• “The questions of law regarding conclusiveness of the re-survey conducted under the Survey Act is held against the appellants and in favour of the 1st respondent/plaintiff. Necessarily, the resurvey conducted under Section 13 has to yield to the adjudication by the competent Civil Court with respect to the identity based on title.”

Record of survey is Conclusive proof – Boundaries were determined and recorded correctly

• The record of the survey result shall be conclusive proof that the boundaries were determined and recorded therein correctly. This view was held to be fortified by the earlier decisions of the High Court in: 
  • Kannan v. Kannan (1964 KLT 228), 
  • The Cheriyanad Grama Panchayath v. The State of Kerala  (2019 (5) KHC 699),
  • Venugopalan Nair v. Saraswathy Amma (2013 (4) KLT 717),
  • Karthyayani v. Balakrishnan (2014 (2) KLT Suppl. 67 (Ker.),
  • Ibrahim v. Saythumuhammed (2013 (4) KLT 435) and
  • Achama Alexander v. Asst. Director, Survey and Land Records (2022 (2) KHC 131).
  • Thomas v. Philip, 2022(4) KerHC 451

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Book No. 1.   Handbook of a Civil Lawyer

Civil Procedure Code

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• Res Judicata and Constructive Res Judicata
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• Transfer of Property with Conditions & Contingent Interests
• INJUNCTION is a ‘Possessory Remedy’ in Indian Law

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• Land Acquired Cannot be Returned – Even if it is Not Used for the Purpose Acquired
• ‘Mutation’ by Revenue Authorities will not Confer ‘Title’
• FERA, 1973 And Transfer of Immovable Property by a Foreigner
• Relevant provisions of Kerala Land Reforms Act in a Nutshell
• Government is the OWNER of (Leasehold) Plantation Lands in Kerala.
• Law on SUCCESSION CERTIFICATE and LEGAL HEIRSHIP CERTIFICATE

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• General Principles
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  • Knanaya Endogamy & Constitution of India
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• Ayodhya and Sabarimala Disputes
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