CWP No.13018 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.13018 of 2011 Date of decision: 25.07.2011 Ranvir Singh Sivia ....Petitioner Versus Commissioner Ferozepur Division Ferozepur and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. R.S. Chauhan, Advocate, for the petitioner. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) In the present petition, arising out of the mutation proceedings, the only question involved is – who will inherit estate of Smt. Gurmail Kaur-deceased. According to the petitioner, he is adopted son of Sukhdev Singh and Gurmail Kaur vide registered adoption deed (Annexure P-1) dated 1.10.1999; while as per Manjit Singh, Gurmail Kaur has executed one 'Will' in his favour dated 26.12.2009, which was registered on 2.6.2010 after the death of Gurmail Kaur. Mr. Chauhan, learned counsel for the petitioner, has very fairly stated that Civil Court has to decide who is the successor of Gurmail Kaur. He has further fairly stated that mutation does not confer any title, it is the source of the title which is to be seen. He has further very fairly stated that any order passed in the mutation proceeding shall not be res judicata in a regular civil suit involving the question of title and inheritance. In the opinion of this Court, mutation proceedings are summary in nature and any order passed by the mutation Court shall not confer any title and it is the source of the title which is to be seen. This Court is further of the opinion that the question as to whether petitioner CWP No.13018 of 2011 2 is the adopted son of deceased-Gurmail Kaur and her husband Sukhdev Singh and is the only legal heir entitled to inherit their estate or Gurmail Kaur has executed any valid 'Will' in favour of respondent No.4 can only be decided after taking relevant evidence on record by the competent Civil Court. Therefore, I am not inclined to exercise my jurisdiction under Article 226/227 of the Constitution of India. Therefore, I direct that parties shall approach the competent Civil Court to establish their title either on the basis of alleged adoption deed or on the basis of alleged 'Will' as claimed by respondent No.4. Revenue authorities shall abide by the ultimate decision passed by competent Civil Court and mutation shall be carried out by the revenue authorities as per ultimate decision in the civil suit. I direct that further mutation proceedings shall remain stayed sine die awaiting the decision of the Civil Court. Mr. Chauhan undertakes to file regular civil suit within 30 days from today. If suit is not filed within 30 days, order impugned herein shall stand confirmed. Present petition stands disposed of accordingly. (Alok Singh) Judge July 25, 2011 R.S.