News: Mutation entries don't confer property title: SC-27-01-2021
The court opined that Karnataka high court had clarified in its June 26, 2019 order that the direction to BBMP for mutation is subject to any other remedies available under the law and it is open to BBMP to establish its title by following due process of law.
BENGALURU: Reiterating that mutation entries don’t confer the title of a property on anyone and the same has to be established independently in a declaratory suit, the Supreme Court has declined to entertain a special leave petition filed by Bruhat Bengaluru Mahanagara Palike.
A bench comprising Justices DY Chandrachud, Indira Banerjee and Sanjiv Khanna also declined to grant any interim order injuncting Faraulla Khan and others from creating any third-party interest with regards to a property, which is the subject matter of a pending civil suit.
The court opined that Karnataka high court had clarified in its June 26, 2019 order that the direction to BBMP for mutation is subject to any other remedies available under the law and it is open to BBMP to establish its title by following due process of law.
The controversy relates to certain properties situated on Thimmaiah Road and Miller’s Tank Bund area in Bengaluru. BBMP had issued endorsements declining to register khata in the name of those who claimed to be subsequent purchasers. The government claimed the genuineness of the grant vis-a-vis the lands in question is under probe.
The subsequent purchasers approached the high court. Both the single as well as division bench ruled in their favour.
