MAHARAJ DHIRAJ HIMMATSINGHJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WHETHER the High Court was justified in reversing the judgment and decree passed by the trial court in favour of the four sons of the Sovereign Ruler of the then State of Jodhpur in the context of an order Order No. C.B./7114 dated 13/09/1946 (Ex. 1) passed by the said Ruler, and in dismissing the suits instituted by them against the State of Rajasthan for the recovery of various amounts under the said order is the problem in these appeals. By certificate granted under Article 133(l)(a) of the Constitution of India by the unsuccessful plaintiffs. That order issued by the Ruler inter alia provided that an annual sum of Rs. 30,000.00 be paid to each of his aforesaid sons (described as Maharajkumars) by way of an annual allowance with retrospective effect from the date of their birth till the date of their attaining majority.

(2.) ON 13/09/1946, some two a half years prior to the merger of the State of Jodhpur with the United States of Rajasthan, (which event occurred on 7/04/1949), the then Ruler of the said State passed order Ex. 1 which is the foundation of the suits giving rise to the present group of appeals.

(3.) THE following facts have been established :-