LAWS(MPH)-1960-12-17

LAL BHARGAVENDRA SINGH Vs. UNION OF INDIA

Decided On December 16, 1960
LAL BHARGAVENDRA SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS judgment governs the disposal of another appeal (First Appeal No. 99 of 1957) in which similar questions of law arise for decision.

(2.) THE appellant in the, instant case is an adopted son of the Ruler of Nagod. On 7-3-1948, the Ruler granted a cash allowance of Rs. 650/- per month to the appellant for maintenance. The allowance was hereditary. On 1-5-1949 the amount was increased to Rs. 750/ -. Later on 28-10-1949 the allowance was reduced to Rs. 530/- per month by the Raj Pramukh for the lifetime of the appellant only. This was confirmed by the President on 24-9-1951, The appellant brought the present suit claiming that the reduction of his allowance was illegal and ultra vires. He claimed arrears for 3 years and 2 months.

(3.) IN the connected appeal, the plaintiff is the brother of the Ruler of Kothi. He claimed that an allowance of Rs. 300/-per month was granted to him by the Ruler on 21-12-1947. The allowance was reduced to Rs. 100/-by the State of Vindhya pradesh, but was later raised by the President to Rs. 150/-per month. The plaintiff claimed that the reduction was ultra vires. He prayed for a declaration that the allowance should be Rs. 300/- and also claimed the arrears at that rate.