The main legal point established in the judgment is the liability of the petitioner to pay an amount of Rs.13 lacs to the Local Commissioner for the cutting and selling of trees, as well as the importance of evidence and complaints in addressing allegations against court-appointed officials.

RAJ MOHAN SINGH, J.

1. Petitioner has preferred this revision petition against the order dated 30.08.2018 passed by Civil Judge (Junior Division), Yamuna Nagar at Jagadhri vide which application filed by the Local Commissioner was allowed and the report submitted by him was accepted thereby directing the petitioner to deposit an amount of Rs.13 lacs in the Court or in alternative if she agrees then said amount which has already been deposited by the applicant in the Court be adjusted from her share.

2. Few facts are relevant to be noticed. Earlier three revision petitions were decided by the High Court vide common order dated 05.08.2013. The litigation was between the same parties in respect of same properties. Petitioner is the sister of respondent No.1. Respondent No.1 made a claim to the properties on the ground that the properties are ancestral in nature and he has a share to the extent of 2/3rd whereas petitioner/sister is entitled to 1/3rd share. On the other hand, petitioner staked her claim to the entire property on the basis of Will executed by her mother. The mother herself was beneficiary of the Will executed by Tilak Raj. Civil suit for declaration was filed by respondent No.1 seeking declaration to the extent of 2/3rd share in his favour whereas remaining share of 1/3rd was sought to be conferred upon the petitioner/sister. He also sought injunction seeking to restrain the petitioner/sister from interfering in his possession. Petitioner/sister also filed a suit for declaration staking ownership of the whole property and injunction on the basis of Will. Another suit was filed by respondent No.1/brother seeking injunction against the petitioner/sister from securing an electricity connection.

3. From interlocutory orders arising out of aforesaid three suits, three revision petitions i.e. CR No.3407 of 2009, CR No.3060 of 2009 and CR No.5273 of 2011 were filed by the parties in the High Court.

4. In respect of standing trees, the Court found that safeda trees were in existence and the same were ready to be harvested. Keeping in view the hardship stated by the parties, the Court was of the opinion that an Advocate Local Commissioner could be appointed for carrying ministerial act of cutting the crops after due notice to the parties. After the cutting of trees, the sale proceedings were to be deposited in the Court. The Local Commissioner was held entitled for his remuneration of 2% of the value of the crops cut. The Local Commissioner was to maintain the record of expenses incurred and was to deposit the balance amount to the credit of the suit instituted by the petitioner/sister. Para Nos.4 and 5 of the order dated 05.08.2013 passed by the High Court were to the following effect:-

"4. The trial of the suit in the sister's suit appears to have come towards the final stages where the plaintiff sister has examined herself and it is posted for cross-examination of the defendant's witness. There are trees and other crops in the property and the plaintiff appears to have cut a portion of the crops under the supervision of the brother himself, but the entire operation could not be carried out by virtue of an order of status quo obtained by the brother in his suit. When the arguments were underway, I sought for a statement from the counsel as to the present status of the properties. Both parties state that there are safeda trees which are about 18 to 19 years old and they are ripe for being cut. The counsel for the brother, however, argues that it will be difficult to undertake a cutting now in the active monsoon season. I am of the view that the proceedings may run for some more years and before the issue of order of injunction, one way of the other, the crops have to be cut and the proceeds safeguarded. I am of the view that an Advocate Local Commissioner could be appointed for carrying out the ministerial act of cutting the crops in the suit property after due notice to both parties, have the trees cut and deposit the