When a mutation is done after High Court status quo orders, it’s essential to understand the legal implications and the time limits for challenging it. Let’s break down the situation:
Mutation Entry and Its Purpose:
A mutation entry in land records does not confer any right, title, or interest in favor of any person. It is primarily recorded for fiscal purposes and administrative tracking.
Mutation entries reflect changes in ownership, possession, or other details related to a property.
High Court Status Quo Orders:
If the High Court has issued status quo orders (which means maintaining the existing situation), any subsequent mutation should comply with those orders.
If a mutation is done in violation of the status quo, it may be legally challenged.
Time Limit for Challenging Mutation:
The time limit for challenging a mutation entry depends on various factors, including local laws and the specific circumstances.
Generally, there is no fixed statutory time limit for challenging a mutation. However, it’s crucial to act promptly to protect your rights.
Civil Procedure Code (CPC) and Limitation Act:
The CPC and the Limitation Act govern legal proceedings, including challenges to mutations.
Under the Limitation Act, the limitation period for filing a suit depends on the nature of the claim. For example:
- Declaration of Title
: The limitation period is usually 12 years from the date of adverse possession or dispossession.
- Injunction
: The limitation period is typically 3 years from the date of knowledge of the violation.
- Specific Relief
: The limitation period varies based on the specific relief sought.
- Declaration of Title
Consult a legal professional to determine the applicable limitation period in your case.
Consult an Advocate and Gather Evidence:
Engage an advocate experienced in property law.
Collect all relevant documents, including the High Court orders, mutation records, and any evidence related to the violation.
File a Case in SDM Court:
To challenge the mutation, file a suit or application in the Sub-Divisional Magistrate (SDM) court.
Seek appropriate relief, such as cancellation of the mutation entry or an injunction against further proceedings.
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Authors Of The Question
Mutation cancellation. If mutation is done after the High Court status quo orders. What is the time limit to file a case for its cancellation in SDM court.
Rajesh
2198 Views
1 Answers
11 months
2024-01-29T12:51:58+00:00 2024-01-29T12:51:58+00:00Comment
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