POORNI DEVI Vs. COMMISSIONER GARHWAL DIVISION

JUDGEMENT

(1.) PRESENT petition is filed assailing the judgment and orders dated 04.09.2003 passed by the Tehsildar, Purola as well as 10.05.2001 passed by the Commissioner, Garhwal Division, whereby land of Khata No. 55 of Village Gundiyatgoan, Khata No. 38 of Village Raun, Khata No. 4 of Village Puseli and Khata No. 63 of Village Rama were directed to be mutated in the name of respondent nos. 3, 4 and 5, namely, Smt. Nagi Devi, Lokendra and Bhupendra respectively, pursuant to the alleged registered Will dated 19.11.1999 executed by Jaipal son of Sri Surjeet Singh.

(2.) THIS is settled position of law that mutation does not confer any title and it is the source of title which has to be seen. It is also settled position of law that mutation proceedings under Section 34 of U.P. Land Revenue Act are summary in nature and no finality is attached to the orders passed under Section 34 of the U.P. Land Revenue Act.

(3.) UNDISPUTEDLY , the declaratory suit can be filed under Section 229 -B of UPZA and LR Act, for declaration of rights over the agricultural land, which can be decided without being prejudiced by any findings and observations made in the impugned orders.