STATE OF MADHYA PRADESH Vs. MAHARANI USHADEVI

JUDGEMENT

(1.) These appeals by special leave have been filed against the impugned judgment and decree dated 13.08.2010 and 11.02.2011 of the High Court of Madhya Pradesh, Bench at Indore in First Appeal No. 421 of 2001 and in Review Petition No. 396 of 2010 respectively by which the High Court while setting aside the judgment and decree of the learned Trial Court passed in favour of the appellant/State, decreed the Suit for declaration of title in favour of the respondent and also dismissed the review petition preferred by the appellant/State.

(2.) The facts leading to these appeals, in brief, are that the respondent/plaintiff who was the daughter and reportedly sole heir of Maharaja Yashwanth Rao Holkar, the erstwhile Ruler of Holkar State filed the present Suit on 7th September 1964 seeking the relief of declaration of title and permanent injunction in respect of the plaint schedule properties, i.e, Birs known as Bijasan, Ashapura, Bercha, Mohna and Gajihata and alternatively sought declaration that the plaintiff is the Government lessee or a Bhumiswami of the Suit schedule properties. It is the specific case of the plaintiff that these birs were initially under the control of the Household Department of the Holkar State. Sometime during the existence of the Holkar State, the work of cutting and collecting the grass of these four birs was made over to the Military Grass Farm of Indore with a direction that the quantity of grass required for the purpose of household has to be supplied by them.

(3.) During the lifetime of Maharaja Yashwanth Rao Holkar, he was depositing Tauzi assessment/revenue charges with the treasury of Holkar State. On 31-08-1945, these birs were transferred to the Army Department of the Holkar State, for harvesting grass, for a period of one year on experimental basis. Again on 22-01-1951, these birs were transferred to the Maharaja and from that date, these birs are in continuous possession and enjoyment of the plaintiff's family till the filing of the Suit. In the year 1948, Holkar State along with the other princely States was merged with the Dominion of India as per the Covenant dated 16th June, 1948, which was later on re-organised as a part of the present State of Madhya Pradesh. As per Article XII of the Covenant entered between Maharaja Yashwanth Rao Holkar and Government of India, Ministry of States, by communication dated 7th May, 1949, the land in question being managed by the Household Department became the exclusive and individual property of the father of the plaintiff. As the property belongs to the Maharaja, even the Government demanded revenue qua the said land which was duly deposited by the plaintiff's father as well as the plaintiff.