REGENT COMPUTRONICS PVT. LTD.

Anand Choughary Appellant

V/S

STATE OF M.P. Respondents

Referred Judgements :-

HARIPRASAD BAIRAGI VS. RADHESHYAM [REFERRED TO]
PHOOL SINGH VS. KOSA BAI [REFERRED TO]
KANTA YADAV VS. OM PRAKASH YADAV [REFERRED TO]
CLARENCE PAIS VS. UNION OF INDIA [REFERRED TO]
SAHEBGOUDA VS. OGEPPA [REFERRED TO]
ITI LIMITED VS. SIEMENS PUBLIC COMMUNICATIONS NETWORK LIMITED [REFERRED TO]
DWARKA PRASAD AGARWAL VS. RAMESH CHANDRA AGARWALA [REFERRED TO]
SURAJ BHAN VS. FINANCIAL COMMISSIONER [REFERRED TO]
RAMESH VERMA VS. LAJESH SAXENA [REFERRED TO]
SAVITHRI VS. KARTHYAYANI AMMA [REFERRED TO]
SHIVAKUMAR VS. SHARANABASAPPA [REFERRED TO]
JAGDISH CHAND SHARMA VS. NARAIN SINGH SAINI AND ORS. [REFERRED TO]
H VENKATACHALA IYENGAR VS. B N THIMMAJAMMA [REFERRED TO]
HARMES V. HINKSON [REFERRED TO]
SHAMA CHARN KUNDU VS. KHETTROMONI DASI [REFERRED TO]
BAI GUNGABAI VS. BHUGWANDAS VALJI [REFERRED TO]
GORANTLA THATAIAH VS. THOTAKURA VENKATA SUBBAIAH [REFERRED TO]
MURTHY VS. C. SARADAMBAL [REFERRED TO]
BHARPUR SINGH VS. SHAMSHER SINGH [REFERRED TO]
JASWANT KAUR VS. AMRIT KAUR [REFERRED TO]
NIRANJAN UMESHCHANDRA JOSHI VS. MRUDULA JYOTI RAO [REFERRED TO]
LEELA RAJAGOPAL VS. KAMALA MENON COCHARAN [REFERRED TO]
BALWANTSINGH VS. DAULAT SINGH [REFERRED TO]
SUMAN VERMA VS. UNION OF INDIA [REFERRED TO]
FAQRUDDIN DEAD VS. TAJUDDIN DEAD [REFERRED TO]
RAJINDER SINGH VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
MUNICIPAL CORPORATION,AURANGABAD V. STATE OF MAHARASHTRA [REFERRED TO]
T. RAVI & ANR. VS. B. CHINNA NARASIMHA [REFERRED TO]
BHIMABAI MAHADEO KAMBEKAR VS. ARTHUR IMPORT AND EXPORT COMPANY [REFERRED TO]
PRAHLAD PRADHAN VS. SONU KUMHAR [REFERRED TO]
AJIT KAUR VS. DARSHAN SINGH [REFERRED TO]
STATE OF UTTAR PRADESH VS. SYNTHETICS AND CHEMICALS LIMITED [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. GURNAM KAUR [REFERRED TO]
ARNIT DAS VS. STATE OF BIHAR [REFERRED TO]
STATE OF WEST BENGAL VS. KAILASH CHANDRA KAPUR [REFERRED TO]

JUDGEMENT

(1.) The matter relates to mutation on agricultural land on the basis of Will. A Single Bench of this Court vide order dtd. 07/10/2023 has referred the matter for consideration by a Larger Bench of this Court on the following question:-

(2.) The requirement of reference has been necessitated on the basis of position that there are divergent opinions of different benches of this Court in the matter of mutation on the agricultural land to be made on the basis of Will, without the Will being proved in a Court of law or without getting a Probate or Letter of Administration for the said Will issued in terms with relevant provisions of Indian Succession Act, or without the will being subjected to a declaratory suit.

(3.) The Hon'ble Supreme Court in the case of Jitendra Singh Vs. State of M.P. reported in (2021) SCC OnLine SC 802 has taken a view that mutation on the basis of Will cannot be ordered by Revenue Authorities and that revenue record entry does not confer title on a person whose name appears in record of rights. It has been held that entries in revenue records or Jamabandi have only fiscal purpose i.e. payment of land revenue and no ownership is conferred on basis of such entries. Ultimately the Supreme Court held that the propounder of the Will has to approach the appropriate Civil Court to crystallize his rights on the basis of alleged Will and the view taken by the High Court was upheld by the Supreme Court. It was a case where the application for mutation was filed by the beneficiary of a will in the lifetime of testator and even the names of legal heirs were neither disclosed nor impleaded while the application for mutation was pressed on basis of a will. In that case, the Tehsildar recorded evidence of attesting witnesses as to validity of the will and carried out mutation.

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ANAND CHOUGHARY Vs. STATE OF M.P.

Referred Judgements :-

JUDGEMENT

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