JIWAN NATH ZUTSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal by special leave. It is brought by the legal representatives of one Dewan Bahadur Brij Mohan Zutshi who was the Dewan of Ratlam State from 1912 to 1929. The appellants sued the State of Madhya Pradesh for a declaration of their title to the suit lands. Their suit was decreed by the trial Court but in appeal the same was dismissed and the Judgment of the first appellate Court was affirmed by the High Court.

(2.) The appellants' case (supra) is that the Maharaja of Ratlam announced the grant of suit lands to Zutshi in appreciation of the services rendered by him but no written order was issued. After the death of the previous Maharaja. the succeeding Maharaja after making the necessary enquiries and going through the records ordered on May, 10, 1948:

(3.) But before he made this order he had already signed the merger agreement. Curiously enough on May 11, 1948, a day after he made the order earlier referred to, he passed the following order: