KULDEEP SINGAL Vs. RAKESH KUMAR AND OTHERS

JUDGEMENT

(1.) The plaintiff is the appellant, who after having lost before both the learned Courts below, has filed the instant second appeal.

(2.) The plaintiff filed a suit for declaration that by virtue of Will dated 25.10.1994 executed by Chetu in his favour, he had become owner of the land comprised in Khasra Nos. 69, 69 and 72 measuring 5 bighas situated in Tikkeri to the extent of 18 biswas and the Will was presented before the Revenue Officer, who on 6.1.2005 illegally rejected the mutation. It was further averred that the provisions of Section 118 of the H.P. Tenancy and Land Reforms Act, 1972 (for short 'Act') were not applicable in his case and as such, the order passed by the Revenue Officer is ineffective and not binding on the plaintiff.

(3.) The respondents contested the claim by filing written statement. However, after filing of the same, they did not turn up and were thus proceeded ex parte before the trial Court.