MAHARAJ HARISINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal by Maharaj Hari Singh against the decree of the Additional District Judge Udaipur, dismissing the suit brought by the plaintiff-appellant against the State of Rajasthan.

(2.) THE suit is with respect to a jagir, called the Jagir of Bagor. THE plaintiff's case is that he is a Sisodiya Rajput, descended from the royal family of Mewar, and is an agnate of the present ruler of Mewar. He relied on a pedigree, which was filed along with the plaint and claims that on the basis of that pedigree he is an Umrao of Mewar, and entitled to hold the Jagir of Bagor by right of succession. THE last holder of the Jagir was Maharaj Shakti Singhji, and the plaintiff claims to be the successor as a male lineal heir by the rule of primogeniture. THE Jagir was escheated in 1889 A D. by the late Maharana Fateh Singhji of Mewar on the ground that the line of the rightful claimant was extinct. THE plaintiff alleges that he made investigations into the matter, and came to know about the year 1931 that he was the rightful heir to the Jagir, and was, therefore, an Umrao by right of birth. THE plaintiff thereafter approached His Highness the Maharana of Mewar, and requested him to correct the pedigree. THE plaintiff was allowed to submit the correction for the official publication, known as "List of Ruling Princes, Chiefs and Leading Personages of Rajputana and Ajmer" and the Government of India corrected the genealogical table in the sixth edition of the book published in 1931, which shows that the plaintiff is the nearest heir to the Jagir. THE plaintiff also published another book, called "THE Netawal Family" giving the full history of his family, and the correct genealogical table was included in that book, which was published at the cost of the Government of His Highness the Maharana of Mewar. THEreafter the plaintiff approached. His Highness the Maharana of Mewar a number of times to re-grant| him the Jagir of Bagor; but his request has not been heeded so far. In view of this a cloud has been cast on his title to the Jagir of Bagor and his status as Umrao. THE plaintiff gave notice to the defendant in this connection and the suit was filed after the period of two months had expired. THE plaintiff claims that the cause of action arose in or about 1931, when His Highness the Maharana of Mewar agreed to the correction, and in 1943, when His Highness paid for the publication of the book, known as "THE Netawal Family". THE plaintiff, therefore, filed the suit on the 24th of March, 1949 in the High Court of former Rajasthan for a declaration that he was entitled to the Jagir of Bagor, and also entitled to be called an Umrao of Mewar. THE suit was not valued, as it was said to be incapable of valuation, and a court-fee of Rs. 10/- was paid on a declaratory decree.