BHANU KUMARI Vs. JITENDRA SINGH

JUDGEMENT

(1.) INVOKING Section 24 of the Code of Civil Procedure (for short `cpc') the petitioner has filed the instant petition seeking transfer of the civil suit No. 41/2002/05 (Jitendra Singh vs. Bhanu Kumari & Others) pending before District Judge, Alwar.

(2.) AS per the facts pleaded in the petition the petitioner and her father Maharaja Sawai Tej Singh, former Ruler of erstwhile State of Alwar aged 95 years, are presently residing in New Delhi. In accordance with Article XI of the Covenant for the formation of the United State of Matsya in the year 1949 an inventory of Maharaja's private properties was drawn with the approval of Government of India. In terms of the said covenant the properties owned by Maharaja Sawai Tej Singh are being continued to be held by him. On July 29, 1970 a notice was issued by State Government to Maharaja Sawai Tej Singh under the provisions of Rajasthan Tenancy Act,1955 seeking to acquire the land in excess of the ceiling limits. Objections were filed on February 19, 1971 and vide order dated September 30, 1971 Sub Divisional Officer held that 576 standard acres of land is being possessed by Maharaja Sawai Tej Singh and it was directed to acquire the land in excess. On appeal the matter was remanded by Revenue Appellate Authority vide order dated February 6, 1973 with the directions to decide the matter afresh in terms of new Ceiling Act. On revision by State the Board of Revenue vide order dated May 16, 1977 quashed the order of Revenue Appellate Authority and directed SDO to decide the matter in terms of old Ceiling Law. Finally the SDO vide order dated June 21, 2005 held that 576 standard acres of land was in excess and directed the owner Maharaja Sawai Tej Singh to surrender the aforesaid land. Pursuant to the order dated June 21, 2005 Maharaja Sawai Tej Singh submitted his option for the properties sought to retain vide letter dated September 12, 2005 and surrendered the rest of the land to the State Government.

(3.) I have pondered over the rival submissions.