mutation entry effected without issuing notice to co-owner or co-sharer is not valid
mere mutation entry or change in any mutation entry does not confer any title to any immovable property. This is a well settled law. Merely because the respondent Nos. 1 and 2 were surreptitiously able to manage a change in mutation entry behind the back of the appellants, the same does not confer any right whatsoever to them. It is very important to note here that it is an admittedposition that the appellants were given no notice whatsoever with regard to the aforesaid change in the mutation entry. Ultimately, in the year 1983 when the appellants came to know of the same, they got mutation entry changed back again in their own names, with regard to their share of 2 annas and 8 pie in the said well water. Similarly, the legal position that the co-owner or co-sharer of the property can never claim ownership by adverse possession of the other share. This is also a well settled law.
Bombay High Court
Shri Bhaguji Bayaji Pokale & ... vs Shri Kantilal Baban Gunjawate & ... on 6 November, 1997
Equivalent citations: AIR 1998 Bom 114, 1998 (2) BomCR 5, 1998 (1) MhLj 276
