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2006 Supreme(HP) 199

RAJWANT SANDHU
Sarawan Singh (Minor) Sons of Gurdev Chand – Appellant
Versus
Gurdas Ram S/o Khushi Ram S/o Nikka – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: N.K. Thakur, Adv.
For Respondents/Defendant: Naginder Thakur, Adv.

JUDGMENT

Rajwant Sandhu, IAS, Financial Commissioner

1. This appeal has been filed against an order dated 11.9.1991 passed by the Divisional Commissioner, Kangara vide which he has disposed off two appeals Nos. 82/89 and 104/89. Brief facts of the case are that one Shri Khushia died on 9.12.1986 and the mutation of his inheritance was sanctioned by the Assistant Collector, Ilnd Grade vide mutation No. 684 in favour of Shri Gurdip Chand, Gurdas Ram, sons and Smt. Shakutla Devi, daughter of Shri Khushia on 30.3.1988 on the basis of unregistered Will. The order of the Assistant Collector, Ilnd Grade was challenged by the Petitioners before the Collector Settlement, Kangra who accepted the appeal and set aside the orders of the Assistant Collector Ilnd Grade with the directions that the mutation be attested as per a registered Will dated 16-7-1986 executed in favour of the Petitioners. This order dated 16-7-1986 was challenged before the Divisional Commissioner, Kangra in two appeals No. 82/89 and 104/89. The Divisional Commissioner decided the matter vide a single order dated 11.9.1991 holding that the mere fact that mutation was attested on the basis of an unregistered 'Will' should no







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