Rajasthan Tenancy Act, 1955–Secs. 88 & 188–Code of Civil Procedure, 1908–Order 2, Rule 2 & Order 6, Rule 7–Dismissal of suit for declaration of khatedari rights–Appreciation of–Appellant relied on his case on the ground of will executed by H, however, he nowhere pleaded that his khatedari rights were based on the will–No comment of defendants on the issue of validity and legality of will–No such issue was framed–Held, suit was rightly dismissed.
