STATE OF ORISSA Vs. RAI RATNA PRABHA DEVI

JUDGEMENT

(1.) This is an appeal by the State of Orissa against the decision of the Subordinate Judge of Dhenkanal decreeing the plaintiff-respondent's suit for declaration of title and ether consequential reliefs in respect of 13 villages in the district of Dhenkanal on the strength of a grant made in her favour by the Ruler of Dhenkanal on 14th May, 1939.

(2.) The respondent plaintiff is the Rani Sahiba of Dhenkanal, her husband, the Raja Sahib of Dhenkanal being the Ruler of Dhenkanal which was a Feudatory State under the paramountcy of the British Crown till the lapse of paramountcy with the passing of the Indian Independence Act, 1947. The plaintiff's husband (P. W. 1), Raja Sankar Pratap Singh Deo Mahendra Bahadur, was married to her sometime in 1924. In 1935 he made a grant of 8684.55 acres of land (Ex. A) in her favour. The reason for the grant, as stated in that document, Ext. A was that "on the analogy of the precedents that are in vogue in the family of the Rulers of the State since time immemorial, the Rani Sahiba is allowed Khanja grant in the shape of Khamar lands and tenure........." This grant was given effect to in due course. It further appears that out of the total grant of 8684.55 acres, about 791 acres consisted of lands in the occupation of tenants, about 363 acres were in the khas possession of the grantor, namely the respondent, and the remaining lands were all jungle and waste. The grant included rights over minerals, quarries, fisheries and forests. In 1939 the Ruler made another grant in favour of his wife (Ext. 1) (hereinafter referred to as the "impugned grant") by which he assigned to her full right over 13 villages in Dhenkanal State including the rights over forests, mineral, fisheries, etc. As the validity of this latter grant is the subject matter of the present litigation. I may quote the same in lull :

(3.) The impugned grant was the subject matter of some discussion between the Ruler and the then Political Agent Mr. Griffin (Ext. 7) in 1941. The Ruler accepted the Political Agent's advise to the effect that only the net revenue of the villages. should be assigned, amounting to Rs. 12,000/- per annum but that the Rani Sahiba shall have no right to interfere with the management of these villages. For the purpose of this litigation it is unnecessary to refer to the political agitation in Dhenkanal State at the time, in consequence of which the Ruler remained away from the State for several years. It is sufficient to say that when the paramountcy of the British Crown lapsed in Aug. 1947 and the Political Agent's control was withdrawn, the Ruler revived the mutation proceeding in respect of these 13 villages on the 9th September 1947 (Ext. 4-m) and by his order Ext. 4/s dated 20th December, 1947 sanctioned the mutation of the name of the Rani Sahiba in respcet of the same. His order was given effect to in due course and possession of the villages was actually handed over to her sometime in January, 1948.