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Mutation can happen even when title is in dispute

In THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE & ANR. vs FARAULLA KHAN & ANR., appeal was filed by the Petitioner against a Karnataka High Court judgment   directing it to mutate a property in the name of some parties. The Petitioners had argued that a title suit is presently pending between the petitioners and Lakshminarayana Charitable Trust, where the title to the suit property is under adjudication and therefore pending the decision of the title suit, the High Court ought not to have issued a direction for mutation. Its appeal before the Division Bench was also dismissed.

The Supreme Court agreeing with the Division Bench observed that the High Court has clarified that the direction for mutation will be subject to the pursuit of any other remedy available under the Karnataka Municipal Corporation Act 1956 and it is open to the Bruhath Bengaluru Mahanagara Palike to establish its title by following due process of law. With the clarification which has been issued by the Division Bench of the High Court in the present petition, it is not necessary to entertain the Special Leave Petition under Article 136 of the Constitution. It is well settled that mutation entries do not by themselves confer title which has to be established independently in a declaratory suit.

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