GULAB CHAND Vs. KUDILAL

JUDGEMENT

(1.) The princely States that existed in British India, merged themselves in the Union India not very long after India became independent. Before the merger some of these States passed through certain stages which may be called transitional. The decision of this appeal depends on certain laws that came into existence during the transitional stage through which the Princely State of Indore passed before it became merged in the Indian Union.

(2.) Up to April 22, 1948, Indore as one of the Princely States of India enjoyed internal sovereign rights and had its own laws and courts. These laws and courts derived their authority from the Ruler of Indore in whom the sovereign power was vested. The highest court in Indore was called the High Court.

(3.) The suit out of which this appeal arises was filed by the appellant against the respondents in the Indore High Court on November 6, 1947. It was a suit for the specific performance of an agreement whereby it is said, Govindram Saksaria, whose heirs and legal representatives the respondents are, agreed to sell to the appellant a share in a business. The said Govindram Saksaria having died prior to the suit it was brought against the respondents.