BAIG SINGH Vs. GAJRA BAI AND OTHERS

JUDGEMENT

(1.) The question raised in this appeal is as to whether the appellant is entitled to the compensation payable to the holder of the hereditary post of jawan in Sikh force on their abolition on 1st April, 1951.

(2.) The appellant is the grandson of Ratan Singh, who was a jawan in the Sikh force. Proposals were initiated in January, 1951 for the abolition of the Sikh force but this could not be done till 1st April, 1951. Meanwhile, Ratan Singh died leaving behind him his widow, the first respondent and his maternal grandson, the appellant. Provision was made in the very order which effected abolition of this force that the holders of the posts should be paid six times their monthly basic pay in lieu of their relinquishing hereditary rights. On the death of Ratan Singh, his widow, the first respondent, filed a suit for a declaration that she was the rightful heir of her husband and therefore, entitled to the compensation payable on the abolition of the post mentioned above.

(3.) The claim of the widow for compensation was contested by the appellant, the grandson, without disputing her right to succeed to the personal estate of Ratan Singh.