SAGARMAL KHUBCHAND Vs. ROOPSINGH KHUSHALSINGH

JUDGEMENT

(1.) IN this appeal from the concurrent decisions dismissing his suit, the Plaintiff's basic contention is that: In the erstwhile Jaora State, the Chief Minister, officially described as the Madarul. Muham, was competent at the relevant time under the Ruler's firman to exercise all his powers; however, any officiating or incharge Chief Minister could not pass such orders or exercise the powers of the Ruler. Accordingly, the order passed by the Chief Minister -in -charge one Naiyar Huseen, on 7 -10 -1944 holding that the principal on the mortgage held by the Plaintiff on the suit lands had been satisfied out of the income and that the lands should in accordance with a circular having the effect of law, be returned to the mortgagee -Defendant, was bad for want of jurisdiction, and is therefore fit to be set aside by the civil Court, in a suit filed after the Jaora State had been abolished and the State of Madhya Bharat had come into existence.

(2.) A complete answer to this contention is in the fact that the order of Naiyar Hussen, incharge Chief Minister, was taken up in appeal or memorial to the permanent Chief Minister who upheld it by his order dated 29 -4 -1945, so that whether or not Naiyar Hussen as Chief Minister -in -charge, could exercise all the powers of the Ruler, the same order had been passed by the permanent Chief Minister himself who undoubtedly and admittedly, could exercise these powers. Stated thus, the position is simple and there was a case for the return of the plaint. However, the Plaintiff did not mention this in his plaint and brought the suit just as if the order of Naiyar Hussen was the final order and has involved himself into the trouble and expense inevitable in litigation, trying to open matters settled in the regime of the erstwhile Jaora Durbar.

(3.) IT may be noted that the Chief Minister at that time was for all administrative, legislative and judicial purposes, the Ruler himself and whatever order he passed in such matters was final, he happening to be the highest executive and judicial authority at the same time. This power he derived from a firmam or proclamation made by the Ruler on the 25th January, 1941, published in extraordinary Gazette of that date. It is to the effect that for reasons of health His Highness the Nawab was empowering his Chief Minister, Madar -ul -Muham Saheb, to exercise all his powers in relation to all things arising in revenue Courts and executive affairs. It is also of interest to note that nobody was empowered as persona designata, but the power goes to the office of the Chief Minister.