MAHARAJA JAGAT SINGH Vs. BHAWANI SINGH

JUDGEMENT

(1.) Lt.Col.Bhawani Singh, defendant No.1 by this application wants the plaint to be rejected, primarily on the ground that it does not disclose any cause of action. This plea is based on the fact that Maharaja Man Singh was the absolute owner of these properties as ruler prior to the merger of the Jaipur Stale with Union of India and ever after the merger the Maharaj Man Singh remained its absolute owner. By merger of Jaipur State with the Government of India, these properties of the Maharaj did not become H.U.F. properties. Reference was made tothe recent decision of the Supreme Court in His Highness Maharaja Pratap Singh Vs. Her Highness Maharani Sarojini Devi & ors. in Civil Appeal No.5857/83 decided on 17th August,1993. The defendnt No. 1, being the eldest son, after the death of Maharaj Man Singh ascended to the throne (Gaddi) as per the custom and the law-prevalant and also as per the Covenant signed by the Ruler with the .Government of India. The private properties of late Maharaj Man Singh after his death, became the absolute properties of defendant No. 1. Neither the plaintiff nor defendants 2 to 7 have any right on the same. Hence the plaintiff has no cause to claim any partition or for accounts regarding the impartible Estate.

(2.) To appreciate the objection raised by defendant No.1, we have to understand the facts pleaded in the plaint. To determine this objection, we can only look to the averments made in the plaint itself. We cannot look into any defence pleaded or set up. The cause of action is nothing but bundle of facts giving rise to the claims made in the plaint by the plaintiff. These bundle of facts as a whole constitute the cause of action. Therefore, to determine whether the bundle of facts stated in this plaint show any cause of action in favour of the plaintiff, we have to see the facts averred in the plaint itself. Maharaj Jagal Singh, the plaintiff herein, has claimed himself to be one of the coparceners of the Hindu. Undivided Family (in short HUF). He has based his claim, inter alia, on the grounds that Maharaj Sawai Man Singh was the absolute owner of the properties while he was ruling the Stale of Jaipur. After the independence of the country, the paramouncy of British Crown lapsed. Thereupon, Government of India entered into agreements with the rulers of princely Slates. The Jaipur State acceded to the Government of India on instrument of accession being executed by Maharaj Sawai Man Singh. State of Jaipur acceded by virtue of the instrument dated 30th March,1949. The said agreement provided that the Manharaja would be entitled to the full ownership, use and enjoyment of all the private properties held by him. The said Covenant further guaranteed his personal rights, privileges and dignities and succession to the Gaddi as well as those rights of the Ruler. On the merger of the Jaipur State, the properties held by Maharaja of Jaipur State were divided into two categories, namely, (1) State properties; and ( 2) private properties. The rights and privileges of the Maharaja and his family were guaranteed by the Government of India. The succession to the throne was to be in accordance with the law and customs of the Ruler. The immediate members of the family were to include the Maharaja, his wives, sons, daughter and Grand children. They were to be entitled to the privileges which they were enjoying at the time of the accession.

(3.) The private properties of Maharaj Man Singh were incorporated in the said Covenant. Those were declared his private properties and were perserved for future successors. That all the private properties formed the corpus of H.U.F. which the Maharaja held for and on behalf of the members of the Joint Hindu Family as per the Hindu Law. The said H.U.F. consisted of Karta, i.e. Maharaja, his Maharani Sahibas, four sons, one daughter and two grand children. Each member of the said Hindu Undivided Family including the plaintiff was in constructive and physical possession of the properties alongwith the deceased Maharaj Sawai Man Singh. The said properties also consisted of certain income earning properties. Defendant No.1 being the eldest son, after the death of Maharaj Man Singh on 24th June,1970, ascended to the throne (Gaddi) of Jaipur State. He was recognised as a ruler by the Government of India. On the death of Maharaj Man Singh those private properties reverted back to the members of the Joint Hindu Family. Defendant No.1 became Karta of the said H.U.F. Defendant No.l has been showing the suit properties as H.U.F. properties in the Estate Duty, the Income tax and Wealth tax proceedings. Because of the declaration made by defendant No.l that the suit properties were H.U.F. , the Taxation Authorities assessed the suit properties as H.U.F. properties. Defendant No.1 took advantage of H.U.F. status of these properties from the Income tax. Wealth tax Authorities as well as from Estate Duty. Defendant No.l possessed these properties for and on behalf of all members of H.U.F. Since these properties were treated as H.U.F. by all including the defendant No.l and he even declared these properties to he H.U.F.. hence the plaintiff came in physical and constructive possession of these properties. Because of the action of defendant No.l the plaintiff in fact came in physical possession of "Takhi-I-Shahi", a suit property at Jaipur. The H.U.F. status of these properties has been declared by defendant No.l himself.