Suit for declaration --- Sale mutation --- Thumb - impression , denial of --- Petitioner / plaintiff ( allegedly folk / illiterate lady ) claimed that she leased out the suit land to respondents but they managed to transfer the same in their favour vide oral sale mutation ; that neither she sold nor received any consideration -

 2022 YLR 2383

Suit for declaration --- Sale mutation --- Thumb - impression , denial of --- Petitioner / plaintiff ( allegedly folk / illiterate lady ) claimed that she leased out the suit land to respondents but they managed to transfer the same in their favour vide oral sale mutation ; that neither she sold nor received any consideration --- Respondents / defendants contested the suit on ground that petitioner along with her husband and attesting witnesses appeared before Revenue Officer who recorded their statements and petitioner affixed her thumb - impressions and sanctioned the subject mutation --- Trial Court decreed the suit but Appellate Court reversed the judgment of Trial Court --- Validity --- Mutation proceedings were initiated primarily for fiscal purposes to collect the land revenue and was only meant for maintaining the record --- Such proceedings were conducted summarily whick could not be considered as judicial proceedings to determine right / title qua immovable property --- Petitioner's witnesses including her husband explicitly supported her version and one of the witnesses stated that Lumberdar prior to his death told him that Patwari had managed his thumb - impression while cheating him and that petitioner according to his knowledge never sold out the subject land --- Mutation contained sale transaction and as such being the document pertaining to financial liability required to be strictly proved --- Examination of Tehsildar out of its signatories by the beneficiary was not enough to meet with the legal requirement --- Marginal witnesses appeared as witnesses and created serious doubts in veracity of disputed mutation --- Father of respondents / beneficiaries while appearing as witness stated during cross - examination that petitioner / lady was about 15/16 years old when she was paid in 1981 consideration of currency notes valuing rupees 500/1000 --- Roznamcha Waqiati was not having recorded statement of its maker --- Expert opined the similarity of thumb - impression but also endorsed that by putting another thumb - impression over the already existed thumb - mark available on the subject mutation , it was tried to be impaired , thus made the report doubtful.