USHA DEVI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner No. 1- Smt. Usha Raje is the daughter of ex-ruler of Indore State - Maharaja Yeshwant Rao Holkar. Petitioner No. 2 is the husband of the petitioner No. 1. Petitioner No. 3 called Princess Usha Trust was constituted by an indenture of trust created by the late ex-ruler executed by him on 10-4-1950. The petitioner No. 4 - Devi Ahilyabai Educational Trust was constituted by a trust-deed executed on 18-12-1973 by Princess Usha Devi who transferred all the properties to the charitable trust.

(2.) MAHARAJA Yeshwantrao Holkar, the ex-ruler was the owner of all the lands within the Holkar State which included agricultural lands. Before 1950 the Indore Land Revenue and Tenancy Act, 1931 governed the law relating to the land tenures in the erstwhile Holkar State. 'under Section 27 of the said Act of 1931 the entire land of Holkar State was the property of Maharaja and no person could get any portion of the land without a lawful authority from him. The said Act created any one tenure "pattedar TENANT" which was defined in the said Act as the tenant which has been or whose predecessor-in-interest has been, declared under the orders of the Government, to have a right of "pattedar TENANT" in his holding including in a person lawfully recorded in respect of his holding as a "raiyat PATTEDAR. " Thus, the "pattedar TENANT" held land under a grant made by the ruler. The agricultural land held by the ruler himself was not held by him under any tenure.

(3.) ON 22-4-1948, the rulers of Gwalior, Indore and certain princely States in Central India entered into a covenant for the formation of the erstwhile United State of Gwalior, Indore and Malwa (Madhya Bharat ). The rulers, thereby gave their sovereignty in favour of a new State which emerged under the Covenant known as the United State of Madhya Bharat by State succession.