JUDGMENT

BHAGWATI, J.:— It appears from the record that the single Judge before whom Second Appeal No. 63 of 1969 came up for hearing referred the following question of law for the opinion of the Division Bench :

Q.:- "Whether the order dt. Jan. 21, 1963 made by the Chief Settlement Commissioner was final and binding in the present appeal, and if so, what is its effect upon the point in controversy in the present appeal?"

It was this question which was referred by the single Judge to the Division Bench and the Division Bench disposed it of by its judgment dt. 7th April, 1980. The Division Bench held that the order dt. 21-1-1963 made by the Chief Settlement Commissioner was not final and binding in the civil proceeding and it did not exclude the jurisdiction of the Civil Court to decide whether there was any encroachment by the respondent on the property conveyed to the appellant under the sale certificate dt. 7th June, 1963 read with the corrigendum dt. 22nd Sept. 1964 issued by the District Rent and Managing Officer, Simla, pursuant to the auction sale held on 25th Sept. 1955. Now it is obvious that since only the aforesaid question of law was referred by the single Judge to the Div