Kaagazaat

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Objection to a Pending Mutation and Appeal Against a Sanctioned Mutation (Intkal Aitraaz te Appeal)

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  1. Forum and the revenue estate
  2. Petitioner and respondent
  3. The land and the mutation
  4. Stage, sanction and limitation
  5. The case
  6. Affidavit and presentation

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Forum and the revenue estate

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For example: Jagraon

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BEFORE __________
TEHSIL __________, DISTRICT __________, PUNJAB

PETITION UNDER THE PUNJAB LAND REVENUE ACT, 1887

IN THE MATTER OF Mutation (Intkal) No. __________, being a __________, of the Revenue Estate (Village) __________, Hadbast No. __________, Tehsil __________, District __________, Punjab

BETWEEN

__________, __________, resident of __________; mobile __________

... PETITIONER

AND

__________, __________, resident of __________

... RESPONDENT

RESPECTFULLY SHOWETH:

  1. CAPACITY OF THE PETITIONER, AND OTHER PROCEEDINGS

The Petitioner is __________ in respect of the land described in the Schedule to this petition, and is accordingly a person interested in the record-of-rights and in the annual record maintained for the said Revenue Estate under sections 31 and 33 of the Punjab Land Revenue Act, 1887. The Petitioner claims __________ in the said holding, and is competent to institute and to maintain this proceeding.

Save as disclosed in this petition, no other objection, appeal, application, review, revision or suit on the same subject matter between the same parties is pending before any revenue court, civil court, tribunal or authority, and the Petitioner has not authorised any other person to institute one.

  1. THE LAND

Revenue Estate (Village) __________, Hadbast No. __________, Tehsil __________, District __________, Punjab. The entries in question stand in the Jamabandi for the year __________, at Khewat No. __________ and Khatauni No. __________. The khasra numbers and the areas comprised are set out in the Schedule at the foot of this petition and are not disputed as to their description.

  1. THE MUTATION COMPLAINED OF

Mutation (Intkal) No. __________ was entered in the register of mutations by the Halqa Patwari on __________ as a __________, in favour of the Respondent, and fell thereafter to be placed before the Circle Revenue Officer for attestation under section 34 of the Punjab Land Revenue Act, 1887.

  1. STAGE OF THE PROCEEDING, AND LIMITATION
  1. GROUNDS

The Petitioner objects to the said mutation on the following grounds:

__________

  1. THE LEGAL POSITION RELIED UPON

(a) By section 44 of the Punjab Land Revenue Act, 1887 an entry in the record-of-rights or in the annual record is presumed to be true until the contrary is proved or a new entry is lawfully substituted for it. The impugned mutation seeks to substitute a new entry, and the presumption attaching to the Petitioner's existing entry cannot be displaced without inquiry and without notice.

(b) A mutation is an entry made for the assessment and collection of land revenue. It does not create, transfer or extinguish title, and by section 45 of the said Act a person aggrieved by an entry may institute a suit for a declaratory decree. That remedy is expressly preserved and is neither waived nor abandoned nor affected by the presentation of this petition. Conversely, by section 158 of the said Act the jurisdiction of the civil court is excluded over the matters there enumerated, which include the making and the variation of an entry in the record-of-rights and in the annual record; so the entry is for this Court and the title is for the civil court, and this petition is confined to the entry.

(c) Sections 34 and 35 of the said Act put the duty of reporting an acquisition of a right, and of reporting any other interest, on the person acquiring it, and put the duty of attesting the resulting entry — upon inquiry, and in the presence of the persons interested — on the Revenue Officer. Section 36 requires a dispute as to any such entry to be determined by summary inquiry, and the entry then to be made having regard to actual possession.

(d) Section 37 of the said Act restricts the variation of an entry in the annual record otherwise than in accordance with that Act and the rules under it. An entry varied without the inquiry the Act requires is not a variation the Act permits.

(e) By paragraph 7.30 of the Punjab Land Records Manual a mutation must not be entered or sanctioned in order to correct an entry already incorporated in a jamabandi, except to correct a clerical error which a fard badar cannot reach, or in consequence of a patent fact; and by paragraph 7.29 a correction confined to the current consigned jamabandi lies to the Circle Revenue Officer, while one extending back into earlier jamabandis lies to the Sub-Divisional Magistrate.

(f) Where a mutation of ownership is founded upon an unregistered agreement to sell, upon an unregistered will set up after the death of the recorded owner, or upon the combination of a general power of attorney with an agreement to sell and a will, such documents do not convey title and cannot found a mutation of ownership: Suraj Lamp & Industries (P) Ltd. v. State of Haryana, (2012) 1 SCC 656.

(g) By section 38(2) of the said Act, read with paragraph 7.33 of the Punjab Land Records Manual, the mutation fee is recovered by the Revenue Officer at the time of attestation and can be levied only from the person in whose favour the mutation entry is made. The Petitioner, objecting to the entry, is not liable for it and has not paid it.

(h) By paragraph 7.56 of the Punjab Land Records Manual, mutations on which final orders are passed up to 15 June inclusive are incorporated in the new jamabandi. The Petitioner accordingly presses for an early hearing, so that a disputed entry is not hardened into the quinquennial record while this proceeding is pending.

  1. INTERIM DIRECTIONS

The Petitioner further prays that a note of the pendency of this proceeding be caused to be made against the said khewat, and that no further mutation, and no attestation of any transaction founded upon the impugned entry, be made until this petition has been decided.

  1. PRAYER

It is therefore most respectfully prayed that this Court may be pleased to:

__________

and to pass such further or other order as the nature and the circumstances of the case may require, in the interests of justice. The Petitioner shall ever pray.

  1. PRESENTATION

This petition is presented __________, to __________, together with the court fee payable under Schedule II of the Court Fees Act, 1870 as in force in Punjab, the affidavit set out below, and the documents listed in the index.

SCHEDULE OF THE LAND

Revenue Estate (Village) __________, Hadbast No. __________, Tehsil __________, District __________, Punjab.
Jamabandi for the year __________. Khewat No. __________. Khatauni No. __________.
Khasra numbers and areas:

__________

Share claimed by the Petitioner: __________.

INDEX OF DOCUMENTS FILED WITH THIS PETITION

__________

VERIFICATION

I, __________, __________, the Petitioner above named, do hereby verify that the contents of paragraphs 1 to 5 of this petition, of the Schedule to it and of the index of documents are true to my own personal knowledge; that paragraph 6 states matters of law upon the legal advice tendered to me; that paragraphs 7 and 8 are the submissions and the prayers I make to this Court; that the documents listed in the index are true copies of their originals; and that nothing material has been concealed.

Verified at __________ on __________.

Signature or thumb impression of the Petitioner: ______________________________

Name: __________
Parentage: __________
Address: __________
Mobile: __________
Date: __________
Place: __________

AFFIDAVIT IN SUPPORT OF THE PETITION

(To be filed with the petition. Where it is sworn in Punjab, it is engrossed on non-judicial stamp paper of the denomination current under Article 4 of Schedule I-A of the Indian Stamp Act, 1899 as in force in Punjab, bought from a licensed vendor at the Tehsil or generated as an e-stamp certificate in the deponent's own name. Where it is sworn outside India, it is made on plain paper before the officer named in the jurat below, and no Punjab stamp paper is used or required.)

I, __________, __________, resident of __________, do hereby solemnly affirm and declare as under:

  1. That I am the Petitioner in the accompanying petition relating to Mutation (Intkal) No. __________ of the Revenue Estate (Village) __________, Hadbast No. __________, Tehsil __________, District __________, Punjab, and am fully conversant with the facts of the case and competent to swear this affidavit.
  1. That I am __________ in respect of the said land and claim __________ in the said holding.
  1. That the contents of paragraphs 1 to 5 of the accompanying petition, of the Schedule to it and of the index of documents are true to my own knowledge; that paragraph 6 of the petition states matters of law upon the legal advice tendered to me; and that paragraphs 7 and 8 are the submissions and prayers made to the Court on my behalf. No part of them is false and nothing material has been concealed.
  1. That the documents filed with the petition are true copies of their originals, the originals whereof I undertake to produce for inspection whenever this Court so directs.
  1. That save as disclosed in the accompanying petition, I have not filed any other petition, objection, appeal, application, review, revision or suit on the same subject matter against the Respondent before any court, tribunal or authority.
  1. That this affidavit is sworn before __________.

DEPONENT

Signature or thumb impression: ______________________________
Name: __________
Date: __________
Place: __________

VERIFICATION OF THE AFFIDAVIT

Verified at __________ on __________ that the contents of the above affidavit are true and correct to my own knowledge, save where it states otherwise on its face; that no part of it is false; and that nothing material has been concealed therein.

DEPONENT

JURAT

Sworn and affirmed before me at __________ on __________, the deponent having been identified to my satisfaction and having signed or affixed a thumb impression in my presence.

Signature and seal of the officer before whom sworn: ______________________________
Name and designation of that officer: ______________________________
Office or mission at which sworn: ______________________________
Where the officer holds a commission or registration, its number and the date on which the appointment expires: ______________________________

The rest stays out of view until every answer is in.

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BEFORE __________
TEHSIL __________, DISTRICT __________, PUNJAB

PETITION UNDER THE PUNJAB LAND REVENUE ACT, 1887

IN THE MATTER OF Mutation (Intkal) No. __________, being a __________, of the Revenue Estate (Village) __________, Hadbast No. __________, Tehsil __________, District __________, Punjab

BETWEEN

__________, __________, resident of __________; mobile __________

... PETITIONER

AND

__________, __________, resident of __________

... RESPONDENT

RESPECTFULLY SHOWETH:

  1. CAPACITY OF THE PETITIONER, AND OTHER PROCEEDINGS

The Petitioner is __________ in respect of the land described in the Schedule to this petition, and is accordingly a person interested in the record-of-rights and in the annual record maintained for the said Revenue Estate under sections 31 and 33 of the Punjab Land Revenue Act, 1887. The Petitioner claims __________ in the said holding, and is competent to institute and to maintain this proceeding.

Save as disclosed in this petition, no other objection, appeal, application, review, revision or suit on the same subject matter between the same parties is pending before any revenue court, civil court, tribunal or authority, and the Petitioner has not authorised any other person to institute one.

  1. THE LAND

Revenue Estate (Village) __________, Hadbast No. __________, Tehsil __________, District __________, Punjab. The entries in question stand in the Jamabandi for the year __________, at Khewat No. __________ and Khatauni No. __________. The khasra numbers and the areas comprised are set out in the Schedule at the foot of this petition and are not disputed as to their description.

  1. THE MUTATION COMPLAINED OF

Mutation (Intkal) No. __________ was entered in the register of mutations by the Halqa Patwari on __________ as a __________, in favour of the Respondent, and fell thereafter to be placed before the Circle Revenue Officer for attestation under section 34 of the Punjab Land Revenue Act, 1887.

  1. STAGE OF THE PROCEEDING, AND LIMITATION
  1. GROUNDS

The Petitioner objects to the said mutation on the following grounds:

__________

  1. THE LEGAL POSITION RELIED UPON

(a) By section 44 of the Punjab Land Revenue Act, 1887 an entry in the record-of-rights or in the annual record is presumed to be true until the contrary is proved or a new entry is lawfully substituted for it. The impugned mutation seeks to substitute a new entry, and the presumption attaching to the Petitioner's existing entry cannot be displaced without inquiry and without notice.

(b) A mutation is an entry made for the assessment and collection of land revenue. It does not create, transfer or extinguish title, and by section 45 of the said Act a person aggrieved by an entry may institute a suit for a declaratory decree. That remedy is expressly preserved and is neither waived nor abandoned nor affected by the presentation of this petition. Conversely, by section 158 of the said Act the jurisdiction of the civil court is excluded over the matters there enumerated, which include the making and the variation of an entry in the record-of-rights and in the annual record; so the entry is for this Court and the title is for the civil court, and this petition is confined to the entry.

(c) Sections 34 and 35 of the said Act put the duty of reporting an acquisition of a right, and of reporting any other interest, on the person acquiring it, and put the duty of attesting the resulting entry — upon inquiry, and in the presence of the persons interested — on the Revenue Officer. Section 36 requires a dispute as to any such entry to be determined by summary inquiry, and the entry then to be made having regard to actual possession.

(d) Section 37 of the said Act restricts the variation of an entry in the annual record otherwise than in accordance with that Act and the rules under it. An entry varied without the inquiry the Act requires is not a variation the Act permits.

(e) By paragraph 7.30 of the Punjab Land Records Manual a mutation must not be entered or sanctioned in order to correct an entry already incorporated in a jamabandi, except to correct a clerical error which a fard badar cannot reach, or in consequence of a patent fact; and by paragraph 7.29 a correction confined to the current consigned jamabandi lies to the Circle Revenue Officer, while one extending back into earlier jamabandis lies to the Sub-Divisional Magistrate.

(f) Where a mutation of ownership is founded upon an unregistered agreement to sell, upon an unregistered will set up after the death of the recorded owner, or upon the combination of a general power of attorney with an agreement to sell and a will, such documents do not convey title and cannot found a mutation of ownership: Suraj Lamp & Industries (P) Ltd. v. State of Haryana, (2012) 1 SCC 656.

(g) By section 38(2) of the said Act, read with paragraph 7.33 of the Punjab Land Records Manual, the mutation fee is recovered by the Revenue Officer at the time of attestation and can be levied only from the person in whose favour the mutation entry is made. The Petitioner, objecting to the entry, is not liable for it and has not paid it.

(h) By paragraph 7.56 of the Punjab Land Records Manual, mutations on which final orders are passed up to 15 June inclusive are incorporated in the new jamabandi. The Petitioner accordingly presses for an early hearing, so that a disputed entry is not hardened into the quinquennial record while this proceeding is pending.

  1. INTERIM DIRECTIONS

The Petitioner further prays that a note of the pendency of this proceeding be caused to be made against the said khewat, and that no further mutation, and no attestation of any transaction founded upon the impugned entry, be made until this petition has been decided.

  1. PRAYER

It is therefore most respectfully prayed that this Court may be pleased to:

__________

and to pass such further or other order as the nature and the circumstances of the case may require, in the interests of justice. The Petitioner shall ever pray.

  1. PRESENTATION

This petition is presented __________, to __________, together with the court fee payable under Schedule II of the Court Fees Act, 1870 as in force in Punjab, the affidavit set out below, and the documents listed in the index.

SCHEDULE OF THE LAND

Revenue Estate (Village) __________, Hadbast No. __________, Tehsil __________, District __________, Punjab.
Jamabandi for the year __________. Khewat No. __________. Khatauni No. __________.
Khasra numbers and areas:

__________

Share claimed by the Petitioner: __________.

INDEX OF DOCUMENTS FILED WITH THIS PETITION

__________

VERIFICATION

I, __________, __________, the Petitioner above named, do hereby verify that the contents of paragraphs 1 to 5 of this petition, of the Schedule to it and of the index of documents are true to my own personal knowledge; that paragraph 6 states matters of law upon the legal advice tendered to me; that paragraphs 7 and 8 are the submissions and the prayers I make to this Court; that the documents listed in the index are true copies of their originals; and that nothing material has been concealed.

Verified at __________ on __________.

Signature or thumb impression of the Petitioner: ______________________________

Name: __________
Parentage: __________
Address: __________
Mobile: __________
Date: __________
Place: __________

AFFIDAVIT IN SUPPORT OF THE PETITION

(To be filed with the petition. Where it is sworn in Punjab, it is engrossed on non-judicial stamp paper of the denomination current under Article 4 of Schedule I-A of the Indian Stamp Act, 1899 as in force in Punjab, bought from a licensed vendor at the Tehsil or generated as an e-stamp certificate in the deponent's own name. Where it is sworn outside India, it is made on plain paper before the officer named in the jurat below, and no Punjab stamp paper is used or required.)

I, __________, __________, resident of __________, do hereby solemnly affirm and declare as under:

  1. That I am the Petitioner in the accompanying petition relating to Mutation (Intkal) No. __________ of the Revenue Estate (Village) __________, Hadbast No. __________, Tehsil __________, District __________, Punjab, and am fully conversant with the facts of the case and competent to swear this affidavit.
  1. That I am __________ in respect of the said land and claim __________ in the said holding.
  1. That the contents of paragraphs 1 to 5 of the accompanying petition, of the Schedule to it and of the index of documents are true to my own knowledge; that paragraph 6 of the petition states matters of law upon the legal advice tendered to me; and that paragraphs 7 and 8 are the submissions and prayers made to the Court on my behalf. No part of them is false and nothing material has been concealed.
  1. That the documents filed with the petition are true copies of their originals, the originals whereof I undertake to produce for inspection whenever this Court so directs.
  1. That save as disclosed in the accompanying petition, I have not filed any other petition, objection, appeal, application, review, revision or suit on the same subject matter against the Respondent before any court, tribunal or authority.
  1. That this affidavit is sworn before __________.

DEPONENT

Signature or thumb impression: ______________________________
Name: __________
Date: __________
Place: __________

VERIFICATION OF THE AFFIDAVIT

Verified at __________ on __________ that the contents of the above affidavit are true and correct to my own knowledge, save where it states otherwise on its face; that no part of it is false; and that nothing material has been concealed therein.

DEPONENT

JURAT

Sworn and affirmed before me at __________ on __________, the deponent having been identified to my satisfaction and having signed or affixed a thumb impression in my presence.

Signature and seal of the officer before whom sworn: ______________________________
Name and designation of that officer: ______________________________
Office or mission at which sworn: ______________________________
Where the officer holds a commission or registration, its number and the date on which the appointment expires: ______________________________

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