Kagaznama

Fill in your details

Objection to a Pending Mutation and Appeal Against a Sanctioned Mutation (Intkal Aitraaz te Appeal)

Answer what you can. The draft beside these boxes is rewritten as you go, so you can see exactly what each answer does to the document.

What you type stays in this browser. Moving to a new step asks this site to draw it, but nothing is kept anywhere until you choose to keep a copy — and closing this tab loses it.

Your answers

Nothing answered yet. There are 5 questions on this form.

Still to answer

5 answers are still to come.

Nothing is amiss in what you have written. The document is simply not finished, and the draft marks each gap where an answer will go.

  1. Forum and the revenue estate
  2. Petitioner and respondent
  3. The land and the mutation
  4. Stage, sanction and limitation
  5. The case
  6. Affidavit and presentation

Step 1 of 6

Forum and the revenue estate

Officer or court this petition is addressed toNeeded

For example: Ludhiana

For example: Jagraon

For example: Kot Umra

For example: 221

Read the whole draft

Clearing empties every box on this form, and there is no way back to what was in them.

The live draft

The draft, as it stands

Document language

This is the document as far as you have reached, not the whole of it yet — the rest appears as you answer more questions. It is rewritten every time you change an answer.

A long blank line — __________ — stands wherever an answer has not been given. It is left that visible on purpose, so an unfinished document cannot be mistaken for a finished one.

No answer has been given, so every place a detail belongs is standing blank. The shape of the document is worth reading even now.

BEFORE __________
TEHSIL __________, DISTRICT __________, PUNJAB

BETWEEN

... PETITIONER

AND

RESPECTFULLY SHOWETH:

  1. 1. CAPACITY OF THE PETITIONER, AND OTHER PROCEEDINGS
  1. 2. THE LAND
  1. 3. THE MUTATION COMPLAINED OF
  1. 5. GROUNDS

The Petitioner objects to the said mutation on the following grounds:

  1. 6. THE LEGAL POSITION RELIED UPON

(a) By section 44 of the Punjab Land Revenue Act, 1887 an entry in the record-of-rights or in the annual record is presumed to be true until the contrary is proved or a new entry is lawfully substituted for it. The impugned mutation seeks to substitute a new entry, and the presumption attaching to the Petitioner's existing entry cannot be displaced without inquiry and without notice.

(b) A mutation is an entry made for the assessment and collection of land revenue. It does not create, transfer or extinguish title, and by section 45 of the said Act a person aggrieved by an entry may institute a suit for a declaratory decree. That remedy is expressly preserved and is neither waived nor abandoned nor affected by the presentation of this petition. Conversely, by section 158 of the said Act the jurisdiction of the civil court is excluded over the matters there enumerated, which include the making and the variation of an entry in the record-of-rights and in the annual record; so the entry is for this Court and the title is for the civil court, and this petition is confined to the entry.

(c) Sections 34 and 35 of the said Act put the duty of reporting an acquisition of a right, and of reporting any other interest, on the person acquiring it, and put the duty of attesting the resulting entry — upon inquiry, and in the presence of the persons interested — on the Revenue Officer. Section 36 requires a dispute as to any such entry to be determined by summary inquiry, and the entry then to be made having regard to actual possession.

(d) Section 37 of the said Act restricts the variation of an entry in the annual record otherwise than in accordance with that Act and the rules under it. An entry varied without the inquiry the Act requires is not a variation the Act permits.

(e) By paragraph 7.30 of the Punjab Land Records Manual a mutation must not be entered or sanctioned in order to correct an entry already incorporated in a jamabandi, except to correct a clerical error which a fard badar cannot reach, or in consequence of a patent fact; and by paragraph 7.29 a correction confined to the current consigned jamabandi lies to the Circle Revenue Officer, while one extending back into earlier jamabandis lies to the Sub-Divisional Magistrate.

(f) Where a mutation of ownership is founded upon an unregistered agreement to sell, upon an unregistered will set up after the death of the recorded owner, or upon the combination of a general power of attorney with an agreement to sell and a will, such documents do not convey title and cannot found a mutation of ownership: Suraj Lamp & Industries (P) Ltd. v. State of Haryana, (2012) 1 SCC 656.

(g) By section 38(2) of the said Act, read with paragraph 7.33 of the Punjab Land Records Manual, the mutation fee is recovered by the Revenue Officer at the time of attestation and can be levied only from the person in whose favour the mutation entry is made. The Petitioner, objecting to the entry, is not liable for it and has not paid it.

(h) By paragraph 7.56 of the Punjab Land Records Manual, mutations on which final orders are passed up to 15 June inclusive are incorporated in the new jamabandi. The Petitioner accordingly presses for an early hearing, so that a disputed entry is not hardened into the quinquennial record while this proceeding is pending.

  1. 8. PRAYER

It is therefore most respectfully prayed that this Court may be pleased to:

and to pass such further or other order as the nature and the circumstances of the case may require, in the interests of justice. The Petitioner shall ever pray.

  1. 9. PRESENTATION

SCHEDULE OF THE LAND

INDEX OF DOCUMENTS FILED WITH THIS PETITION

VERIFICATION

Signature or thumb impression of the Petitioner: ______________________________

AFFIDAVIT IN SUPPORT OF THE PETITION

(To be filed with the petition. Where it is sworn in Punjab, it is engrossed on non-judicial stamp paper of the denomination current under Article 4 of Schedule I-A of the Indian Stamp Act, 1899 as in force in Punjab, bought from a licensed vendor at the Tehsil or generated as an e-stamp certificate in the deponent's own name. Where it is sworn outside India, it is made on plain paper before the officer named in the jurat below, and no Punjab stamp paper is used or required.)

  1. 5. That save as disclosed in the accompanying petition, I have not filed any other petition, objection, appeal, application, review, revision or suit on the same subject matter against the Respondent before any court, tribunal or authority.

DEPONENT

VERIFICATION OF THE AFFIDAVIT

DEPONENT

JURAT

The rest stays out of view until every answer is in.

KAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINALKAGAZNAMA — PREVIEW, NOT FINAL

Reading costs nothing. Keeping a copy needs an account.

The opening of the draft is on this page as you answer it. Once every answer is in, the button below opens the whole draft, watermarked — still without an account. Printing it, or keeping a clean copy, is where an account is asked for. That is the whole arrangement.

A kept copy has to belong to somebody, and that is the reason for the account. There is nothing further to it.

Continue to download

Carry on reading without one

Back to what this document is

We've updated our Terms

Please read the updated documents below and accept them once to keep taking documents away and buying kits. Browsing, filling in and previewing a document are not affected.