Hon'ble Supreme Court of India observed, “Khushal Singh, died issueless on 5.9.1950. Subsequently, the suit lands were mutated in the name of one Durga Devi widow of deceased Khushal Singh on 19.7.1952. The said Durga Devi purporting to fulfil her husband's desire of taking in adoption one Balwant Singh and Kartar Singh (both minors) expressed her desire to mutate the lands in favour of the said minors Balwant Singh and Kartar Singh. Accordingly, the mutation was effected on 19.1.1954 under Mutation No. 1311…. One of the reversioners of Khushal Singh, Chet Singh filed a suit bearing No. 194 of 1955 in the court of Senior Sub-Judge, Gurdaspur praying for a declaration that the mutation of 'gift-deed' dated 19.7.1954 would not affect the reversionary rights of the plaintiff after the death or after the remarriage of Durga Devi…. After the judgment of the appellate court, the suit lands were again mutated under Mutation No. 1348 in favour of Durga Devi…. After the latest Mutation No. 1348 the said Durga Devi claiming to be the absolute owner of the suit property after the coming into force of the Hindu Succession Act, 1956, had executed four separate gift-deeds in favour of the appellants/their predecessors in title…. mutation entries do not convey or extinguish any title and those entries are relevant only for the purpose of collection of land revenue….
the widow had not divested herself of the title in the suit property as a result of mutation No. 1311 dated 19.7.54. The assumption on the part of the courts below that as a result of the mutation, the widow divested herself of the title and possession was wrong. If that be so legally, she was in possession on the date of coming into force of the Hindu Succession Act and she as a full owner had every right to deal with the suit properties in any manner she desired….”
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