It is true that the prayer made in plaint is not properly worded. Instead of seeking a declaration of his title, the respondent No. 1 had prayed for deletion of the names of the appellant and other respondents from the record of rights in respect of the suit lands and to enter his name therein. It is neither the function nor the jurisdiction of civil court to issue direction for making or deleting entries in the records of rights. That is the function assigned to the revenue authorities under the Maharashtra Land Revenue Court. The proper relief which respondent No. 1 could have prayed for was declaration of his title to the suit lands on the basis of the will executed by deceased Mugu Balu Teli. Once he obtains such a declaration from the court, the revenue authority will have to make or correct the entries accordingly in the record of rights in respect of the suit lands. Although, therefore, the appeal is being dismisses, the order and decree passed by the courts below will have to be suitably modified.
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Bombay High Court
Narayan Mugu Teli, Since Deceased ... vs Ramchandra Mugu Teli And Ors. on 9 December, 2003
Bench: J Patil
Citation;2004 (3) ALL MR 880
