REVENUE LAW – Mutation – Effect of civil court findings Paras 2, 16, 17, 19, 24 Civil Court dismissed suit and appeal on ground that respondent was not entitled to redemption – However, appellate Court observed execution of sale deed in favour of respondent – Revenue authorities considered findings in proper perspective – Held, mutation based on such material not illegal.

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REVENUE LAW – Mutation – Effect of civil court findings

Paras 2, 16, 17, 19, 24

Civil Court dismissed suit and appeal on ground that respondent was not entitled to redemption – However, appellate Court observed execution of sale deed in favour of respondent – Revenue authorities considered findings in proper perspective – Held, mutation based on such material not illegal.

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MORTGAGE – Mortgage by conditional sale – Effect of default

Paras 11, 13, 22

Mortgage by conditional sale stipulated repayment within time – On failure, conditional sale becomes absolute – Mortgagee becomes absolute owner – Held, ownership vested in mortgagee after default.

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TITLE – Subsequent sale deed – Validity

Paras 17, 18, 21, 23

Sale deed in favour of respondent executed subsequent to mortgage – Petitioners did not deny execution of sale deed – Appellate Court held execution proved though not binding on mortgagee – Held, sale deed cannot be ignored in mutation proceedings.

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REVENUE RECORDS – Mutation based on possession and entries

Paras 22, 25, 27

Name of mortgagee mutated in revenue records based on statements of petitioners – Subsequently, mutation in favour of respondent based on no objection of recorded pattadar – Held, procedure valid and no illegality.

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AP ROR ACT – Section 5(3) – Notice requirement

Paras 26, 27

Petitioners contended violation of notice requirement – However, earlier mutation in favour of mortgagee made with their consent – Subsequent mutation based on recorded pattadar’s no objection – Held, no violation of statutory provisions.

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FRAUD – Sale deed – Remedy

Para 28

Allegation that sale deed obtained by fraud and coercion – Such document is voidable – Remedy lies in filing suit for cancellation – Held, revenue authorities cannot adjudicate such disputes.

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WRIT JURISDICTION – Scope – Disputed questions of title

Paras 24, 29

Where dispute involves title and allegations of fraud – Proper remedy is civil suit – Revenue authorities rightly advised parties to approach civil Court – Held, no interference under Article 226.

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REVENUE AUTHORITIES – Jurisdiction – Limits

Paras 24, 29

Authorities examined material and civil court findings – Cannot decide complex title disputes – Held, rejection of application/appeal/revision justified.