STATE OF KERALA Vs. REVIVARMA RAJA

JUDGEMENT

(1.) This is an appeal by the State of Kerala against the decision of Velu Pillai. J., in S. A. No. 396 of 1960. The decision affirmed subject to certain modifications which are not material the decision of the Subordinate Judge at Parur in O. S. No. 11 of 1958.

(2.) O. S. No. 11 of 1958 was filed by the respondent before us. It sought a declaration to the effect that the liability of the State of Travancore to pay an annuity to the plaintiff's family had devolved on the State of Kerala. The Subordinate Judge decreed the suit in terms of the plaint.

(3.) The only contention urged before us by the Advocate General on behalf of the State is that the suit should have been dismissed on the ground that it was not maintainable. According to him formation of the United State of Travancore and Cochin later termed the State of Travancore Cochin on 1-7-1949 and the formation of the State of Kerala by the States Reorganisation Act, 1956, on 1-11-1956 were acts of State, and no municipal forum has the right to entertain the suit and investigate the controversy.