The revenue officer was duty bound to incorporate registered deed in the revenue record. The revenue officer had no authority to cancel such mutation without giving notice to the purchaser and providing opportunity of hearing.

Case Laws December 09, 2023

Sanctity is attached to a registered document and it is considered a notice to the public at large. In order to dislodge said presumption mere inquiry of the revenue record was not sufficient. The entries of Revenue record are not foundation of title as said entries were made for fiscal purposes.

Person claiming protection under Section 41 of the Transfer of Property Act, 1882 is bound to establish that the person from whom the suit property has been transferred to him was an ostensible owner, while transfer so made was with the consent of the real owner, either express or implied. Said transfer must have been made for some consideration and the person being transferee or purchaser must have acted in good faith and taken all reasonable care and steps before entering into said transaction for transfer. If anyone of the stated ingredients is wanted, then the transferor will not be eligible to seek protection of equitable doctrine envisaged under Section 41 of the Act ibid.