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Head Note

The Code of Civil Procedure, 1908  - Order VI Rule (17)

Amendment of Pleading - Limitation - Amendment of the plaint(s) to incorporate the relief of declaration of title not challenged by the defendants - Held that it has necessarily to relate back to the date of filing of the suit - Issue with regard to limitation has to be decided in favour of the plaintiffs.

The Specific Relief Act, 1963  - Section 34 , Section 38

Title Suit - Suit for Declaration - Mutation Entries - It do not conclusively establish title- Contentions advanced on behalf of the appellants that the title of the plaintiffs in the instant case was found in their favour merely on the basis of the mutation entries in question repelled - Materials on record indicate that the title of the plaintiffs to land covered by survey No.43 stands established by Exh.63 whereas land covered by survey No.49 and 54 stands proved by Exh.154 and 158 - It is the aforesaid survey numbers which are mentioned against the mutation entries of 1916 as well as the mutation entries of the year 1927 - Coupled with the above, if the entry with regard to the land being held on behalf of the villagers as made in the mutation records are to be ignored, on account of the findings recorded in the order of the revenue authority dated 6.1.1993, which findings have been finally approved in the appeal proceedings arising out of the suits as being findings of fact recorded on the basis of the evidence on record, there can be no difficulty in holding that the title of the plaintiffs to the suit land covered by the survey Nos. indicated above stands proved and established.

Topic(s)-Title Suit - Mutation entries do not conclusively establish title