STATE OF MADHYA PRADESH Vs. SHIV KUNWARBAI

JUDGEMENT

(1.) The State of Madhya Pradesh has come up in appeal to this Court from two orders of the State High Court allowing two writ petitions filed by the two respondents herein for quashing the orders of eviction made against them under S. 3 of the Madhya Pradesh Government Premises (Eviction) Act.

(2.) The facts in Civil Appeal No. 1164 of 1967 are as follows. Many years back a former Ruler of the Indian State of Jhabua in Central India had given a jagir to his mistress Paswanji Smt. Navratanbai. Navratanbai had either purchased or constructed two houses on College Marg. According to the Writ Petition filed in the High Court the acquisition was out of her private funds. This was not however admitted in the return to the petition. The successor of the fonder Ruler Dilipsingh purported to forfeit the jagir in the year 1943. The order of forfeiture is not on record but is sought to be borne out by an order. dated 1st April 1948, evidently made in anticipation of the merger of the State in the Union of Madhya Bharat which took place on June 29, 1948. The order addressed to Paswanji Navratanbai ran:'

(3.) The facts in the other appeal i.e. l165 of 1967 are similar to the facts just narrated. In this case the same former Ruler had granted a jagir to his son Ramsingh by his mistress Paswanji Bhagirathibai. The succeeding Ruler purported to forfeit the jagir and granted a monthly allowance of Rs. 100/-. An order similar to the one dated 30th March 1948 already mentioned was passed while the order of April 1, 1948 affected Ramsingh as, it did Navratanbai in the other case. There was an order of eviction as in the other case followed by a writ petition to the High Court.