Refusing Mutation Due To Pending Property Suit Despite Rejection Of Temporary Injunction Against Bonafide Purchaser 'Arbitrary': Rajasthan HC

Rajasthan High Court has expressed shock on the order of Municipal Commissioner of Udaipur, rejecting a bonafide purchaser's application for entering his name in Revenue Records on the grounds that a dispute was pending in the trial court regarding the property, despite the fact that the trial court had already rejected plaintiff's application of temporary injunction in that case. While the construction was underway, a third party filed a suit in the trial court claiming herself to be the owner of the plot, along with an application for temporary injunction. Subsequently, the petitioner filed an application for mutation of the land records of the plot for getting his name entered, however the application was rejected by the State Government on the ground that a suit was pending against him in relation to the plot in the trial court. The petitioner is rightfully entitled to get his name mutated in the revenue records, but on the absolutely frivolous ground, the application preferred by the petitioner has been rejected.” Accordingly, the Court allowed the writ petition and directed the State Government to accept the application by the petitioner for mutating the revenue records of the plot and entering his name.