SANTOSH KUMAR Vs. VIJAY RAM

JUDGEMENT

(1.) THIS petition is instituted against the order dated 5.12.2013 rendered by Civil Judge (Senior Division), Kinnaur District at Reckong Peo.

(2.) "Key facts" necessary for the adjudication of this petition are that plaintiff -respondent (hereinafter referred to as the "plaintiff" for convenience sake) has filed a suit for declaration against the petitioners -defendants (hereinafter referred to as the "defendants" for convenience sake). The suit was contested by the contesting defendants by filing written statement. According to the defendants, a "will" was executed by deceased Amber Sukh on 19.2.1994 in their favour. They have become absolute owner on the basis of same. Mutation was attested in their favour on 1.9.1994.

(3.) MR . Neeraj Gupta learned counsel for the defendants has vehemently argued that plaintiff has the remedy under section 31 of the Land Acquisition Act, 1894 (herein after referred to as 'Act' for brevity sake).