SC clarifies property mutation only serves revenue purposes, cannot by itself establish or extinguish ownership rights NEW DELHI: Observing that mutation of a property in revenue records does not create or extinguish ownership, Supreme Court has said that title of property cannot be decided on the sole basis of revenue record and it must be weighed along with other evidence.A bench of Justices Sanjay Karol and Augustine George Masih quashed the order of Madhya Pradesh HC which decided a title dispute on the basis of the revenue record. It said a right in immovable property cannot be treated as having been voluntarily abandoned because of a revenue entry in favour of another person. It must be independently established by the party relying on it.The bench said,“It is settled law that an entry in the revenue record neither creates nor extinguishes title and exists essentially for fiscal purposes. The order of the naib tehsildar may regulate the revenue record, but it cannot, merely by recording one person’s name in place of another, operate as a conveyance or a relinquishment of proprietary rights, and the civil court remains fully competent to determine the underlying title, which the revenue entry follows .Join conversationView All Comments →Share your thoughts in the commentsInsightfulAgreeDisagreeSkepticalConcerningPromisingWorth ReadingBig DevelopmentPost CommentBe respectful · TOI community guidelines“The statutory presumption of correctness attaching to a revenue entry under Section 117 of the MP Land Revenue Code, 1959, is a rebuttable evidentiary presumption and not a presumption of title, and it must be weighed along with the rest of the evidence.”It said mutation of a property in revenue record does not create or extinguish title nor has it any presumptive value and it only enables the person in whose favour mutation is ordered to pay the land revenue in question. SC said the starting point of the limitation can’t be fixed merely by identifying the date on which the revenue entry was made.Get the latest India News and Live updates. Download the TOI app.End of ArticleFollow Us On Social MediaVideos’No Full Press Conference’: US Envoy Gor On India’s ‘No Questions’ Request Before Modi-Trump Meet‘Represented India In 3 Nations’: Former Envoy Flags ‘Trouble Establishing Citizenship’ During SIRJaish Rebuilds Bahawalpur Complex Struck By India During Op Sindoor’India Can Attract Global Talent With Your Help’: PM Modi Meets Space Startups On National Space DayDelhi Cops Attacked With Chilli Powder & Bricks In Mukundpur; 17-Year-Old Arrested‘Plan To Meet Vance, Mamdani’: Why MEA Denied Permission For Telangana CM Revanth Reddy’s US Trip?’No Problem When Boys Do It’: Rahul Gandhi’s Attack At PM Modi Over Jantar Mantar AbuseYoutuber Ajeet Bharti Lists 4 Big Demands At Jantar Mantar, Calls For Reservation Reform And MeritPM Modi Meets BJP’s New Team At Delhi HQ As Party Pushes Vande Mataram Legacy Nationwide‘48 Hours Or Sit-In’: Abhijeet Dipke Warns After CJP Team Allegedly Attacked Near Jaipur School123Photostories6 subtle signs you’re being taken for granted by your partner10 baby names inspired by Sanskrit words that signify success and prosperity5 signs you’re losing yourself while trying to save your relationshipThe slow fade: 5 signs someone you love is pulling away5 best hair colours for Indian skin tones that instantly brighten your lookWhy the Manipuri bride’s traditional Potloi is in a league of its ownBlood in urine during monsoon is not always a UTI: Doctor reveals when you should worryOptical illusion personality test: What you see first reveals your secret weakness in loveHeart attack risk is not just about cholesterol: 7 warning factors doctors check that routine tests can missHina Khan recalls being brutally trolled over viral National Anthem video amid health struggles; Rubina Dilaik reveals her daughters received threats123Hot PicksTCS laptop monitoring softwareTNEA counselling3 year practice ruleCM Revanth ReddyWeather tomorrowNEET UG 2026US-Canada tradeSIM card rulesBank holiday todayTop TrendingMumbai Rape AirhostessReservation Hatao AndolanLucknow Double Murder SuicideMadhapur Road AccidentMaharashtra Hill TragedyAbhijeet DipkeJharkhand Factory FireRahul GandhiBengaluru RapidoAston Martin Crash
NEW DELHI: Observing that mutation of a property in revenue records does not create or extinguish ownership, Supreme Court has said that title of property cannot be decided on the sole basis of revenue record and it must be weighed along with other evidence.A bench of Justices Sanjay Karol and Augustine George Masih quashed the order of Madhya Pradesh HC which decided a title dispute on the basis of the revenue record. It said a right in immovable property cannot be treated as having been voluntarily abandoned because of a revenue entry in favour of another person. It must be independently established by the party relying on it.The bench said,“It is settled law that an entry in the revenue record neither creates nor extinguishes title and exists essentially for fiscal purposes. The order of the naib tehsildar may regulate the revenue record, but it cannot, merely by recording one person’s name in place of another, operate as a conveyance or a relinquishment of proprietary rights, and the civil court remains fully competent to determine the underlying title, which the revenue entry follows .
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“The statutory presumption of correctness attaching to a revenue entry under Section 117 of the MP Land Revenue Code, 1959, is a rebuttable evidentiary presumption and not a presumption of title, and it must be weighed along with the rest of the evidence.”It said mutation of a property in revenue record does not create or extinguish title nor has it any presumptive value and it only enables the person in whose favour mutation is ordered to pay the land revenue in question. SC said the starting point of the limitation can’t be fixed merely by identifying the date on which the revenue entry was made.
