Narayan Laxman Patil v. M/s Gala Construction Co. Pvt. Ltd.
Background
The appellant and six others had been cultivating paddy on 11 acres of land in Borivali, Mumbai, and in 1987 a mutation entry was made in the "other rights" column of the land records in their names. The owner's developer, who held an agreement to purchase the land and a decree in its favour, challenged that entry. The revenue authorities went back and forth, and the High Court finally set aside the mutation entry in 2010.
Decision Breakdown
The Supreme Court dismissed the appeal with no order as to costs. Under the Maharashtra Land Revenue Code, only a person who is lawfully in possession of land, or who has acquired a recognised right in it, can have their name entered in the Record of Rights. Being in possession for years, with the owner not objecting, does not by itself make that possession lawful. The Court therefore held that the appellant and the others had never claimed any title, and that entering their names was not justified, so the mutation entry was rightly set aside.
Lesson Learnt
Long-term use or cultivation of land does not, by itself, give a person the right to be recorded as an owner or holder in land records. The person must show that their possession is lawful, such as through a valid title, lease, or other legal instrument.