By Themselves Mutation Entries Do Not Confer Title

The Supreme Court observed that a contract is void if prohibited by a statute under a penalty, even without express declaration that the contract is void

While disposing an appeal filed by Bruhath Bangalore Mahanagara Palike against a judgement of Karnataka High Court which directed it to mutate the property in the name of some parties the Supreme Court observed and reiterated that mutation entries by themselves do not confer titles.

It was contended that title suit was pending related to the subject property and therefore the High Court ought not have issued the direction regarding mutation.

The court however noted that that a clarification is there in the High Court judgement which states that the direction for mutation is subject to other remedies available under the Karnataka Municipal Corporation Act, 1956 and it is up to Bruhath Bangalore MahanagaraPalike to establish the title following the due process of law.

The court stated that mutation entries do not by themselves confer titles. In a declaratory suit, it has to be established independently. The court refused to grant any interim relief stating that it has to be addressed before the civil court where the proceedings are pending.