SAWAI BHAWANI SINGH Vs. JAGAT SING AND ORS.

JUDGEMENT

(1.) THIS is an appeal preferred by the 1st defendant in Suit No. 870186 against the order of the learned Single Judge dated 16 -2 -1995 dismissing the application filed by the appellant seeking rejection of the plaint under Order 7, Rule 11.CPC.

(2.) THE 1st respondent herein, Maharaj Jagat Singh, who is the plaintiff and the appellant Lt. Col. Sawai Bhawani Singh 1st; defendant. and two others are brothers and are the sons of late Maharaj Sawai Man Singh, the former ruler of Jaipur in Rajasthan. The said Maharaj Sawai Man Singh died on 24 -6 -1970 leaving behind him his 2 widows, 4 sons including the appellant and the 1st respondent. I daughter and two grand children. The 1st respondent herein has filed a suit for partition against the appellant and others in respect of plaint Schedule properties. He also prayed for relief of accounts the appellant 1st defendant in respect of various properties and cancellation of power of attorney dated 29 -8 -1985 executed by the appellant in favor of his wife the 8th defendant and for other reliefs the suit was filed on 24 -5 -1986 and is pending in this Court.

(3.) IN the plaint filed by the 1st respondent it was stated that the properties originally belonged to the plaintiff's grandfather - Maharaj Madho Singh, who adopted the plaintiffs father Sawai Man Singh in 1921, that after 1947 when India became independent the paramountcy lapsed, the rule of Sawai Man Singh came to an end, the State of Jaipur acceded to India by an instrument of accession and, thereafter, merged with the United State of Rajasthan on 30 -3 -1947 and a covenant was executed by Maharaj with the Government of India on 6 -2 -1949. The plaint avers that the said Maharaj Sawai Man Singh, prior to accession, was enjoying the properties as absolute owner but on manger the properties of the Jaipur estate were divided into two categories being State properties and private properties. After merger, the private properties were being held in possession by said Maharaj Sawai Man Singh as Hup properties Along with his 2 Maharanis, 4 sons, I daughter and 2 grand children. On the demise of said Maharaj on 24 -6 -1970, the appellant /1st defendant became the karta. The properties were assessed under the Income Tax and Wealth Tax statutes in the status of Huf properties for all intents and purposes - Even after the death of Sawai Man Singh, the appellant] 1st defendant was in possession on behalf of the HUB' and was showing the said properties to the Income Tax and Wealth Tax authorities as Huf properties for all intents and purposes. The 1st defendant also executed a power of attorney dated 29 -8 -1985 in favor of the 8th defendant, his wife. The 1st defendant was mismanaging the properties and unauthorisedly entering into agreements of sale and not accounting for the income. On these broad allegations, the suit was filed for partition, accounting and other incidental reliefs. The appellant. 1st defendant is contesting the salt.