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basavaraj shiromani (Advocate)     14 July 2018

Record of rights

A relinquished his rights in favour of B and summitted his application before the revenue authority to enter the name of B on the strength of relinquishment deed. the said mutation was numbered as 130. but unfortunitey said mutation No; 130 was rejected. however B's name came to be entered in the revenue records althought mutation was rejected. B beliving that he became the owner, has devoloped the land and enjoying the land since more than 25 years without anybodies obstructions. recently A relatives came to know that B's name wrongly entered in the revenue records and therefore they preferred an appeal before the revenue authority by challanging that although the mutation 130 was rejected, B name is wroingly entered therefore his name is to be deleted from the records of rights after lapse of 25 years. whether the appeal is maintainable u/s 136 (2) and barred by limitation ?


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 4 Replies

R.Ramachandran (Advocate)     15 July 2018

Whether A relinquished by a Registered Relinquishment Deed?

Kumar Doab (FIN)     15 July 2018

If the said relinquishment deed was registered then on what grounds the mutation was rejected?

basavaraj shiromani (Advocate)     16 July 2018

Sir my question is entirely different. without any mutation or previous order from the lower revenue authority, whether the revenue appeal is maintainable under Sec 136 (2) of Karnataka land Revenue Act of 1964, because A is trying to prefer an appeal before the appellate authority by challanging the rejected mutation entry that too after lapse of 25 years. thank you

 

Shashikant V. Patil (Lawyer)     16 July 2018

Rejection of mutation can be challengable.  As seems that the procedure has well follows .  Delay condonation can also help.


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