SATPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for quashing of impugned order dtd. 18/5/2022 passed by respondent No.3-Naib Tehsildar-cum-Assistant Collector 2nd Grade, Ambala Cantt, vide which representation of the petitioners dtd. 10/10/2021 was rejected in pursuance to the directions given by this Court in CWP-4904-2022 vide order dtd. 12/5/2022.

(2.) The petitioners are sons/grandsons of Thakar Singh son of Bhondu and are owners of the land in dispute on the basis of Will dtd. 9/6/1917, which has been upheld by the Civil Court upto the Hon'ble Supreme Court. It is also submitted that initially, a suit was filed by the proprietary body of the village claiming a right over the property, as Kalehri died issueless and similarly, three suits were filed for redemption of the mortgage deed, which was allegedly created by Smt. Kalehri.

(3.) Learned senior counsel has referred to judgment of the Civil Court dtd. 14/8/1978, wherein issue No.7 with regard to Will was upheld in favour of Bhondu. He further referred to judgment of the lower appellate Court (Additional Sessions Judge, Ambala) dtd. 10/1/1980, wherein the findings recorded by the Civil Court with regard to aforesaid Will Ex.D3, were upheld by making the following observations: -