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Head Note

Civil Law  - Land Revenue

Maharashtra Land Revenue Code, 1966, Sections 2(12),(23),(24),(25), 148, 149, 150 - Revenue - Record of Rights - Entry of Name - Held that to exercise the right under section 148 read with Sections 149 and 150 of the Code for entering one's name in the Record of Rights, the applicant has to be a holder, occupant, owner, mortgagee or tenant - Such a right is also available to a person acquiring interest in the property by succession, survivorship, inheritance, partition, purchase mortgage, gift, lease or otherwise - Appellant claimed that he along with others is in possession of the suit land for the last 15-20 years and, therefore, his claim was required to be entered in the "Other Rights" column - Merely a holder or occupant does not meet the requirements of law for exercising such a right - It was necessary for the appellant to prove that his possession or occupation over the suit land was lawful or he had come in possession by a legal conveyance/title or any other instrument like receipt etc. to which the Respondent No. 1 was a party or at its instance - It is also not the case of the appellant that he has perfected his title over the land in question by way of adverse possession - Merely saying that the Respondent No. 1 or the original owner did not object at any time to the possession, does not make his possession lawful, even if it is accepted that he was in possession - Since appellant and others never claimed that they had any title to the land, entering their names in the 'Record of Rights' was not at all justified - Mutation Entry has rightly been set aside.

Topic(s)-Revenue - Record of Rights - Entry of Name - Entry rightly set aside