KHARAK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of Regular Second Appeals Nos. 1457 and 1458 of 1963, which arise out of two separate suits filed by the two brothers of maharaja Sir Pratap Singh (since deceased), the then Ruler of the princely State of Nabha, which now forms a part of Punjab. On July 13, 1960, Maharaj Kumar kharagh Singh (who has also died during the pendency of his appeal) filed Civil suit No. 40 for possession of land known as 'bir Ranadhai', situated in village agaul, Tahsil Nabha, District Patiala. His brother, Maharaj Kumar Gurbax Singh, filed a similar Civil Suit No. 41 on the same day. Both these suits were tried independently by Subordinate Judge First Class, Patiala, and the claim of the plaintiffs was decreed. The State of Punjab went up in appeal before the District judge, Patiala, who, though by means of separate judgments, but on absolutely identical considerations, accepted the appeals and dismissed the plaintiffs' suits. The two plaintiffs in the third round of the bout, have now approached this Court to impugn the verdict of the District Judge, as above, with a prayer for the restoration of the decrees passed by the trial Court in their favour.

(2.) THE facts in both the cases being identical, it would suffice to notice those pertaining to one case only. In the appeal filed by Maharaj Kumar Kharagh singh (referred hereinafter as the appellant), the claim made in the plaint is that the appellant is the younger brother of Maharaja Sir Pratap Singh (for brevity to be referred as the Maharaja), Ruler of Nabha State. The said maharaja exercised sovereign -powers subject to the paramountcy of the British crown till August 15, 1947. A day or so prior to the independence of the country, the Maharaja signed an Instrument of Accession to the Dominion of india which came into existence on August 15, 1947. The land in suit known as 'bir Ranadhai' and entered as such into the Revenue Records was directly under the control of the Maharaja who had complete powers of disposing of and dealing with the same as he pleased by virtue of his being the Ruler of Nabha state. In the wake of the Independence, it was proposed that the princely states including Nabha may be merged in a commonly administered territory, which was later on named as the Patiala and East Punjab States Union (Pepsu ). The Maharaja, therefore, signed a Covenant on May 5, 1948 whereby he agreed to the merger of his State with the proposed Union. The Union was formerly inaugurated on July 15, 1948 and with effect from this date, Nabha State ceased to exist, the Maharaja having ceded his territory to the new Union. The rajpramukh of the new Union took control of the same with effect from August 20, 1948. Later, on the enactment of the States Reorganisation Act, 1956, pepsu territory was further merged into the State of Punjab.

(3.) HAVING noticed the historical developments in regard to the State in which the property in dispute is situated, the claim of the appellant in regard to the property may also be recapitulated. It is stated that on April 25, 1948, tha maharaja issued a letter (Ex. P. W. 1/1) and delivered the same to the appellant on or about May 8, 1948, By means of this letter, he granted the suit land to the appellant to have it as his Farm. The Maharaja also expressed in the said letter the desire that the appellant should divide the Bir land equally with his brother. Maharaj Kumar Gurbax Singh. The contents of the letter are best reproduced verbatim; nabha STATE NABHA 25th April, 1948. My Dear Bhai, just a line to say that it gives me great pleasure to give the Bir ranadhai for you to have it as your FARM which I should like you to divide equally and to have a common house of Randhai and its out houses as your country house, i know that you are going to America with Maji and hope that on your return you shall do the needful. Hope you are keeping well. With all good wishes from all and love. Yours affectionately Sd/- Pratap Singh Maharaja Kumar Kharagh Singh of Nabha The Oaks mussoorie"