BHAGAT PARHLAD SINGH Vs. CHIEF SETTLEMENT COMMISSIONER

JUDGEMENT

(1.) THIS case came up for hearing before me today. The Ld. counsel for the petitioner is not present. He is being represented by the proxy counsel, Sh. Dinesh Ghai. On perusal of this case it is revealed that the matter of succession being claimed through the Wills is not yet final. It is reported that one R.S.A. No. 307 of 1982 is pending in the High Court in this regard. When the succession is still disputed, the Rehabilitation authority should not become a judge in the matter. I find from the impugned order that the Chief Settlement Commissioner, Haryana on 2.7.1981 had ordered to keep this case pending in view of the litigation regarding the validity of the Wills still pending. He had also directed that the petitioners are at liberty to deposit the balance amount with the Tehsildar (Sales) if they so desire, but it would be without prejudice to the right of the other parties and will have no effect on the question of the succession of the property. Under the circumstances, I find the order of the C.S.C. dated 2.7.1981 is quite fair and reasonable. I, therefore, set aside all the proceedings subsequent to the order of the C.S.C. dated 2.7.1981. The case is adjourned sine die till the matter of succession by way of Wills is finalised by the civil court. The parties may get this case restored after the matter is finally decided by the Civil Court. Announced. Order accordingly.