# JAYVANT RAO AND OTHERS v. CHANDRA KANT RAO~ OTHERS

- **Citation:** [1970] 3 S.C.R. 837
- **Court:** Supreme Court of India
- **Decided:** 1970-02-26
- **Case number:** Civil Appeal No. 1370 of 1966
- **Bench:** S. M. S!Kri, V. Bhargaya
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/jayvant-rao-and-others-v-chandra-kant-rao-others-4973
- **Pages:** 9

## Headnote

837
Constitution of India, Art. 372(1)-Ru/er by order applying law of
prinzogeniture to one Jagir and 1naking it impartible-lf Order legislative
and therefore valid.
L had two sons, G and M. L. and h.is elder son G were granted a Jagir
by the then Ruler of Kotah, jointly in their names, in lieu ell a debt which
the Ruler owed to them. This property was treated as property of the
joint family of L. The name of M, the second son born after the grant,
was also mutated against the Jagir villages.
The names of the descendants of G and M were from time to time similarly mutated against the
Jagir and this Jagir as well as other property of the joint family was
managed for some time by the eldest member belonging to either branch
of the family.
The respondent C was a descendant of G and claimed in
1937 before the Revenue Commissioner that as the eldest son in the eldest
branch he alone had the right over the Jagir according to the custom and
usage in Rajputana and, consequently, mutation in the records should be
in his name alone.
On a report by the Revenue Commissioner, the Ruler
passed an order on 22nd January, 1938, directing that the Jagir, like all
other Jagirs in the State should be given the status of an irnpartible estate
and should be liable to render 'Cbakri' and 'Subchintki' to the Ruler. It
was further ordered that the Jagir would be governed by the rule of primogeniture, so that C alone would be held to be Jagirdar.
The appellants, who were the descendants of M, sought partition oi
all the family properties including the villages in the Jagir. Although the
Trial Court dismissed the suit, on appeal, the High Court granted a decree
in respect of other properties but upheld the dismissal of the suit in so far
as the appellants had claimed a share in the Jagir.
The appellants claimed that the Jagir having been joint Hindu property,
their rights as successors-in-interest of M could not be defeated by the
order of Ruler dated 22nd January, 1938, and consequently, the appellants were entitled to thei"r proper share in the Jagir. It was contended
that all orders passed by an . .independent and sovereign Ruler do not have
the force of law. It is only those orders which purport to lay down a
law for the State which cannot be challenged and which would remain in
force even after the merger of the Kotah State in India and, after the
enforcement of the Constitution, under Art. 372 of the Constitution. It
was submitted that, when passing the Order dated 22nd January, 1938,
the Ruler was only exercising executive powers df directing mutation of
names and was not exercising any legislative po\vers.
HELD : Dismissing the appeal.
(i) The High Court was right in holding that the villages in .the Ja_gir,
at the time when the suit for partition
was instituted,
were 1mparttble
838
SUPREME COURT REPORTS
(1970) 3 S.C.R.
prope·rty governed by the law of primogeniture and C alone could be
treated as the owner of these villages.
(ii) The very nature of the Order, which changed the law applicable
.to the Jagir, indicated that it was a legislative act and not a mere executive order. The Ruler did not purport to
lay down that the Jagir was
already governed by the rule of primogeniture; what he did was to apply
the rule of primogeniture to this J agir for future.
Such an order could
only be made in exercise of his prerogative Of laying down the law for
the State.
The mere fact that it was laid down for one single Jagir and
was not a general law applicable
to others in the State was imrr.aterial,
because it does n'ot appear that there were any other similar Jagirs which
also required alteration of the law applicable to them. [843 B-D]
(iii) Although no special procedure of law-making was adopted by the
·Ruler When making this Order, that circumstance could not change the
nature of the Order specially when there was nothing to indicate that there
was any recognised procedure of law-making in the Kotah State at that
time. [844 F-G]
Raikumar Narsingh Prat

## Text

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JAYVANT RAO AND OTHERS
v.
CHANDRA KANT RAO~
OTHERS
February 26, 1970
[S. M. S!KRI AND V. BHARGAYA, JJ.]
837
Constitution of India, Art. 372(1)-Ru/er by order applying law of
prinzogeniture to one Jagir and 1naking it impartible-lf Order legislative
and therefore valid.
L had two sons, G and M. L. and h.is elder son G were granted a Jagir
by the then Ruler of Kotah, jointly in their names, in lieu ell a debt which
the Ruler owed to them. This property was treated as property of the
joint family of L. The name of M, the second son born after the grant,
was also mutated against the Jagir villages.
The names of the descendants of G and M were from time to time similarly mutated against the
Jagir and this Jagir as well as other property of the joint family was
managed for some time by the eldest member belonging to either branch
of the family.
The respondent C was a descendant of G and claimed in
1937 before the Revenue Commissioner that as the eldest son in the eldest
branch he alone had the right over the Jagir according to the custom and
usage in Rajputana and, consequently, mutation in the records should be
in his name alone.
On a report by the Revenue Commissioner, the Ruler
passed an order on 22nd January, 1938, directing that the Jagir, like all
other Jagirs in the State should be given the status of an irnpartible estate
and should be liable to render 'Cbakri' and 'Subchintki' to the Ruler. It
was further ordered that the Jagir would be governed by the rule of primogeniture, so that C alone would be held to be Jagirdar.
The appellants, who were the descendants of M, sought partition oi
all the family properties including the villages in the Jagir. Although the
Trial Court dismissed the suit, on appeal, the High Court granted a decree
in respect of other properties but upheld the dismissal of the suit in so far
as the appellants had claimed a share in the Jagir.
The appellants claimed that the Jagir having been joint Hindu property,
their rights as successors-in-interest of M could not be defeated by the
order of Ruler dated 22nd January, 1938, and consequently, the appellants were entitled to thei"r proper share in the Jagir. It was contended
that all orders passed by an . .independent and sovereign Ruler do not have
the force of law. It is only those orders which purport to lay down a
law for the State which cannot be challenged and which would remain in
force even after the merger of the Kotah State in India and, after the
enforcement of the Constitution, under Art. 372 of the Constitution. It
was submitted that, when passing the Order dated 22nd January, 1938,
the Ruler was only exercising executive powers df directing mutation of
names and was not exercising any legislative po\vers.
HELD : Dismissing the appeal.
(i) The High Court was right in holding that the villages in .the Ja_gir,
at the time when the suit for partition
was instituted,
were 1mparttble
838
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(1970) 3 S.C.R.
prope·rty governed by the law of primogeniture and C alone could be
treated as the owner of these villages.
(ii) The very nature of the Order, which changed the law applicable
.to the Jagir, indicated that it was a legislative act and not a mere executive order. The Ruler did not purport to
lay down that the Jagir was
already governed by the rule of primogeniture; what he did was to apply
the rule of primogeniture to this J agir for future.
Such an order could
only be made in exercise of his prerogative Of laying down the law for
the State.
The mere fact that it was laid down for one single Jagir and
was not a general law applicable
to others in the State was imrr.aterial,
because it does n'ot appear that there were any other similar Jagirs which
also required alteration of the law applicable to them. [843 B-D]
(iii) Although no special procedure of law-making was adopted by the
·Ruler When making this Order, that circumstance could not change the
nature of the Order specially when there was nothing to indicate that there
was any recognised procedure of law-making in the Kotah State at that
time. [844 F-G]
Raikumar Narsingh Pratap Singh Deo v. State of Orissa and Another
[1964] 7 S.C.R. 112; ref«Ted to.
State of Guiara! v. Vora Fiddali Badruddin Mithibarwa/a [1964] 6
'S.C.R. 461 and Maior Raniit Singh Rao Pha/ke "· Smr. Raia Bal Sahiba
(dead) by her legal representatives and Vice Versa Civil Appeal Nos. 982
and 983 of 1964 deci\led on 18th July, 1967 ; distinguished.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1370 of
1966.
Appeal from the Judgment and decree dated February 16,
1966 of the Rajasthan High Court in D. B. Civil Regular First
Appeal No. 86 of 1958.
R. K. Garg, S. C. Agarwal, D. P. Singh, V. J. Francis and
S. Chakravarty, for the appellant.
D. V. Patel, Janendra Lal, and B. R. Agarwala, for the respondents.
The Judgment of the Court was delivered by
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Bhargava, J.
Th!s appeal arises .<;mt of a suit for partition of
properties in the family of one Lala11 Ramchandra who was the
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common ancestor of the parties to the suit. .. He had tw<? s?ns,
Govindraoji and Motilal alias KrishnaraOJI.
The plamttffs/
appellants and the non co~testing profo~a respondents are the
descendants of Motilal, while the cm~testtng resp<>ndents are the
descendants of Govindraoji, the principal one bemg Chandrakant
Rao who was defendant No. 1 in the suit.
The appellants sought
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partition of all the family properties, including eight vill~ges known
as "the sarola Jagir" whic~ w_ere situated. i°; th_e ers~h1le State. of
Kota.
The trial Court d1sm1ssed the smt 1n its entirety, holdmg
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83 9
that none of the properties in suit was ancestral property.
On
appeal by the present appellants, the High Court of Rajasthan upheld the dismissal of ihe suit insofar as the appellants had claimed
a share in the eight villages fanning the Sarola Jagir, while the
suit in respect of the other properties was decreed and a preliminary decree passed in respect of those properties.
The appellants
have come up to this Court in this appeal, by certificate granted
by the High Court, against the order of the High Court refusing
to grant partition of the eight villages of the Saro la J agir.
In order to appreciate the point raised in this appeal the history
of this J agir in this family may be recited briefly. Lalaji Ramchandra and his eldest son Govindraoji were awarded this Jagir
by means at a Parwana dated 8th April, 1838 issued by His Highness Maharao Ramsingh, Ruler of Kotah.
It appears that the
Maharao had contracted debts with the family of Lalaji Ramchandra even in the time of his ancestors and, at the relevant time, the
amount of debt exceeded Rs. 9 lakhs.
This debt was guaranteed
by the British Government. In lieu of this debt, this Jagir, which
was already being enjoyed by La!aji Ramchandra with certain
limitations, was g[ven jointly to him aind his son Govindraoji, stating that it was being conferred in perpetuity and ~as always to
remain from sons to grandsons and was to be free from all taxes
which were being exacted up to that time, such as Barar and
Sewai. At the same time, Govind Rao executed a deed of release
by which he accepted the adjustment of the amount due from the
Maharao aga\nst this grant of Jagir.
These documents thus show
that this Jagir was originally granted by Maharao Ramsingh,
Ruler of Kotah, jointly in tl!e names of Lalaji Ram Chandra and
his son, Govindraoji in lieu of the debt which the Maharao owed
to them.
Subsequently, this property was treated as property of
the joint family of Lalaji Ramchandra
Motilal the second son
of Lalaji Ramchandra, was born after this gr[llit and his name was
also mutated against the J agir villages. On the death of Govindraoji, the name of his adopted son, Ganpat Raoji, was brought in,
while Motilal, the uncle, managed the property on behal.f of the
family.
Motilal executed a will in respect of his properties,
including these villages, specifically stating that half of this Pr<?·
perty belonged to Ganpatraoji, while half would belong to his
adopted son, Purshottam Raoji.
After the death
of Motilal,
Ganpatraoji became the manager of the property and Purshottam
Raoji's name was also entered against this property.
On the death
of Ganpat Raoji, the name of his eldest son Chandrakant Rao
was mutated while Purshottam Raoji in the capacity of the eldest
member· of the family,
started managing the prope~ty.
T~e
property thus remained in the family, being treated as jomt family
property and, even during the years between 1852 a~d 1868 whe!1
efforts were made by the Maharao of Kotah to dispossess this
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[1970] 3 S.C.R.
family, the British Government had intervened to ensure that the
property remained with this family, insisting that the Maharao
could only resume the Jagir on repayment of the Joan in respect
of which discharge had been obtained when this Jagir was conferred.
The property was thus continued to be treated as joint
family property until the death of Purshottam Raoji when a questian arose as to the mutation of names of his descendants in his
place. Chandra.kant Rao desired that his name alone should be
shown as the holder of this Jagir and, on 22nd October, 1937,
gave a statement before the Revenue Commfssioner claiming that
the eldest son in the eldest branch had the right over the J agir
according to the custom and usage in Rajputana and, consequently,
mutation in the records should be in his name alone. A report
was sent by the Revenue Commissioner and the matter was dealt
with by the Maharao of Kota himself in Mehakma Khas.
The
order of the Maharao on that report was passed on 22nd January,
1938.
By this Order, a direction was made that this Jagir, like
all other Jagirs, should be given the status of an impartible estate
and it should be given proper shape by being liable to render
'Chakri' and 'Subhchintki' to the Ruler.
It was further ordered
that the Jagir will be governed by the rule of primogeniture, so
that Chandra.kant Rao alone would be held to be the Jagirdar. As
a re9ult, aU these eight viUages of the Saro la J agir came to be
shown as the property of Chandrakant Rao alone.
The claim of the plaintiff in this suit was that the Jagir having
been joint Hindu family property, the rights of the plaintiffs, who
are the successors-in-interest of Purshottam Raoji,
cannot
be
defeated by the order of the Maharao dated 22nd January, 1938
and, consequently, the appellants together with the proforma respondents who are also descendants of Purshottam Raoji are
entitled to 1/2 share, whereas the other 1/2 share only can be
claimed by the contesting defendants, including Chandrakant Rao
who are dei;cendants of Ganpatraoji.
Both the trial Court and
the High Court have held that, after the order of the Maharao of
Kota dated 22nd January, 1938, this 1agir came to be governed
by the rule of primogeniture, with the result that Chandrakant Rao
alone was the owner of this property, while all other members of
the family could only claim maintenance out of this
property.
Consequently, the claim of the appe11ants for a share in these
villages on partition was negatived.
It is the correctness of this
decision that has been challenged before us.
Since, in this case, no effort was made on behalf of the respondents to contest the correctness of the finding given by the High
Court that all these villages were joint family property and were
treated as such right up to the year 1937 when Purshottam Raoji
died, we need not enter into the details of the evidence on the basis
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JAYYANT RAO v. CHANDRA KANT (Bhargava, J.)
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of which this finding 11as been recorded.
The question that falls
for decision is whether the Mahiarao of Kota by his order dated
22nd January, 1938, could validly cha,nge the nature of the property, make it impartible and governed by the rule of primogeniture
when the property was already joint family property.
In deciding
this question, the crucial point is that the Maharao of Kota was an
independent and sovereign Ruler whose orders in his State were
law.
He bad absolute power to make any orders, and the Order
dated 22nd January, 1938 has, therefore, to be given the force of
law which, when it was passed, could not be challenged as invalid.
Counsel for the appellants, however, urged that all orders passed
by an independent and sovereign Ruler do not have the force of
law.
It is only those orders which purport to lay down a law for
the State which cannot be .challenged and which would remain in
force even after the merger of the Kota State in India and after
the enforcement of the Cqilstitution under Art. 372 of the Constitu-.
tion.
His submission was that, when passing the Order dated 22nd
January, 1938, the Ruler was only exercising executive powers of
directing mutation of names and was not exercising any legislative
powers.
The nature of the Order passed by him, however, shows
that this submissiqn cannot be accepted.
No doubt, that Order
was made on a report which was put up before the Maharao for
deciding who should be held to be the owner of the Jagir when.
Purshottam Raoji died.
The Order shows that the Maharao tc•ol::
notice of the fact that the Sanad had been granted in the name of
Lalaji Ramchandra and his eldest son Govind Rao on executing a
deed of release in respect of the debt, but it added that, when the
unpaid debt was "changed in the form of a Jagir and no special
condition was laid down regarding it and the name of only the
eldest son was written in the 'Sanad' though ·another brother was
present there, it has to be held that the Jagir was intf\Ilded to be
given on the same rules. on which the other J agirs wpre granted
The Order then proceeds to take notice of the fact that, though
the mutation should have been in the name of Chandrakant after
the death of Ganpat Rao, a practice had developed of entering
more than one person as the holders of this Jagir.
It appears that,
in order to give effect to the oriITTmaJ intention that this Jagir should
be governed by the same rules as all other Jagirs, lhe Maharao
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proceeded to lay down that this Jagir s]lould also be impartible and
should be held by the eldest member of the family in the eldest
branch.
The Ruler considered it -desirable to make this Order.
because it was envisaged that, "if the entire Jagir was distn"buted
amongi;t all the members of the family, then e'len the name of
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'Thikana' would disappear. It was considered desirable that this
Jagir should be governed according to the custom of the States in
Rajputana including Kota State under which the eldest son of the
senior branch alone was entitled to hold the property.
Thereafter,
the Maharao proceeded to lay down that this Jagir should be
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[1970) 3 S.C.R.
equated with other Jagirs by making a direction that the holders of
thls Jagir should a1so render 'Chakri' and should continue to do
'Subhchintki'.
Having made this direction, the Ruler then held
that. since this 'Thikana' was being givQD proper shape, its custdm
and status must be similar to that of all other Jagirdars in the State.
These directions given by the Ruler clearly show that, thoug4 the
proceedings came to him on the basis of a report for directions as
to the mutation entry to be made on the death of Purshottam Rao,
he proceeded to lay down the principles wjJich were to govern this
Jagir thereafter.
The Ruler decided that this Jagir should be
placed on equality with all other Jagirs in the State ~
should be
go,,~rned by the same laws.
The Order thus made was clearly an
exercise of legislative power by which the Ruler was competent to
Jay down that, though. this Jagir had in the past been joint family
property, it was to be thereafter impartible property governed by
the 1 we of primogeniture and Chandra Kant Rao as the eldest
member of the senior branch was to be the sole Jagirdar.
This was,
therefore, a case where the Maharao exercised his powers of laying
down the law with respect to tWs Qn:e single Jagir. It cannot be
said that the Order passed by him was a mere executive order and
did not result in exercise of his powers of making the Jaw.
In this connection, counsel for the appellants relied on the
principle laid down by this Court in Rajkumar Narsingh Pratap
Singh Deo v. Stare of Orissa and Another(') to canvass his submission that the Maharao, in this case, was not exercising legislative
powers when he passed the Order dated 22nd January. 1938. In
that case, the effect of a Sanad granted by the Ruler of Dhenkanal
State had to be considered and the question arose whether the
Sanad could be treated as exist\ng law within the meaning of Art.
3 72 of the Constitution.
The Court, after taking notice of previous
de~isions. drew a distinction between orders made by a Ruler having
the force of law and orders which may be of executive nature, and
helJ :-
"The true legul position is that whenever a dispute
mises as to. whether an order passed by an absolute
monarch represents u leg'islative , act and continues to
remain operative by virtue of cl. 4(b) of the Order, all
relevant factors must be considered before the question is
answered; the nature of the order, the scope and effect
of its provisions, its general, setting and context, the
method adopted by the Ruler in promulgating legislative
as distinguished from executive orders, these and other
allied matters will have to be examined before the character of the order is judicially determined."
(I) (1964] 7 S,C,R.
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On an application of these principles in that case, it was held that
the Sanad in question could not be he!d to be a legislative act. In
our opinion, even if these principles are applied to the case before
us, it has to be held that the Order of the Maharao dated 22nd
January. 1938 amounied to exercise of legislative power.
As we
have already. indicated earlier, the very nature of the Order, which
changes the law applicable to ihe Jagir, indicates that it was a
legislative act and not a mere executive order.
The Maharao did
not purport to lay down that the J agir was already governed by the
rule of primogeniture; what he did was to apply the rule of primogeniture to this Jagir for future.
Such an order could only be
made in exercise of his prerogative of laying down the law for the
State.
The mere fact that it was laid down for one single Jagir
and was not a general law applicable to others in the State is
immaterial, because it does not appear that there were any other
similar Jagirs which also required alteration of the. law applicable
to them.
There is also nothing to show that during the period of
his i:Ule, the Maharao had adopted any special procedure for promulgating the laws in his State.
The manner ii! which the. Order
was passed indicates that, in· this State, the Maharao considered
himse1f competent to lay down the Jaw at any time he liked.
Reliance was also placed on the decision of this Court in State
of Gujarat v. Vora Fiddali 'Badruddin Mithibarwala('), but that
case, in our· opinion, has no application at all.
In that case, the
question arose whether an agreement entered into by a Ruler had
the force of law. In the case before us, there is no such question
of any agreement.
In deal,ng with that question, the Court relied
on the following extract from a decision of the Court in a:n earlier
case of The Bengal Nagpur Cotton Mills Ltd. v.
The Board of
Revenue, Madhya Pradesh and Others( 2 ) :-
"It is plain that an agreement of the Ruler expressed
in the shape of a contract cannot be regarded as a law.
A law must follow the customary forms of law-making
and must be expressed as a binding rule of conduct.
There is generally an established method for the enactment of laws, and the laws, when enacted, have also a
distinct form.
It is not every indication of the will 'of
the Ruler, however expressed, which amounts to a law.
An indication of the will meant to bind as a rule of
conduct and. enacted with some formality either traditional or specially devised for the occasion, results in a
law but not an agreement to which there are two parties,
one of which is the Ruler."
Emphasis was laid by counsel on the views expressed in th!s passage that a law must follow the customary forms of law-makmg and
(I) [1964! 6 S.C.R. 461.
(2) A.l.R. 1964 S.C. 8.88
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[1970) 3 S.C.R.
must be expressed as a binding rule of conduct In the present
case, there is nothing to show that, in the State of Kota, there was
any other customary form of law-making.
The Order ct 22nd
January, 1938 clearly expresses the direction of the Ruler that the
Jagir must be govemed by the same customary law as other Jagirs
as a binding direction which was to govern the future conduct of
the holders of this Jagir.
The principle relied on, therefore, does
not show that this Order of 22nd January, 1938 did not amount to
a legislative act on the part of the Maharao.
Reference was also made to the decision of this Court in Major
Ranjit Singh Rao Phalke v. Smt. Raja Bai Sahiba (dead) by her
legal representatives & Vice Versa(') where the Court said:-
"It is now settled law that every order of the Maharaja Cl\tmot be regarded as law, particularly those which
were in violation of his own Jaws."
and again repeated :-
"The position today is that every order of the Ruler
cannot be regarded as Jaw but only such orders as contain some general rule of conduct and which follow a
recognised procedure of Jaw-making."
In that case, the particular order of the Ruler which was questioned
had beein made in contravention of one of the existing laws Of the
State and it was held that such an order could not be treated as law.
In the case before us, the position is quite different.
There was
no law of the Kola State which could be held to be contrary to the
Order dated 22nd January, 1938. In fact, the general law governing all Jagirs in the State was the customary law under which the
Jagirs were owned by the eldest member of the ~enior brainch, and
all that this Order did was to apply the sat11e law to this Jagir also.
It is true that no special procedure of law-making was adopted by
the Maharno when making this Order; but that circumstance cannot
change the nature of the Order specially when there is nothing to
indicate that there was any recognised procedure of Jaw-making
in the Kola State at that time.
In these circumstances, we hold
that the High Court was quite correct in arriving at the decision
that these eight villages, at the time when the suit for partition was
instituted, were irnpartible property governed by the law of primogeniture and Chandrakant Rao respondent alone had to be treated
as the owner of these villages.
It, however, appears that, during the pendency of the suit,
Jagirs were resumed in Rajasthan including this Jagir which stood
in the name of Chandrakant Rao and cash compensation was paid
in respect of it. It was urged by counsel for the appellants that,
(I) Civil Appeals Nos. 982 and 983of1964 decided on 18th July, 1967.
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JAYVANT RAO v. CHANDRA KANT (Bhargava, J.)
845
even if the J agir was impartible and governed by the rule of primogeniture, the right, which earlier vested in. the members of the
family when it was joint family property, would be exercisable when
the Jagir was converted ~to cash and lost its status of impartible
estate. It was, therefore, claimed that, after the Jagirs had been
converted into cash under the Rajasthan Land Reforms and R' ·
sumption of Jagirs Act No. VI of 1952, the appellants should
have been granted a share in the compensation received by Chandrakant Rao on the basis that this property was earlier joifot Hindu
family property. In the alternative, it was also urged that, even
if this claim of the plaintiffs/appellants is no~ accepted, they would
at least be entitled to claim a part of the compensation in lieu of
their right of maintenance. These two aspects do not seem to
have been considered by the trial Court ~
even the High Court
in one sentence disposed of this matter by saying that, since the
appellants were only entitled to maintenance, they could not claim
any share in the compensatiop money paid under the Rajasthan
Act VI of 1952. In dealing with this aspect, we are handicapped
by the circumstance that the suit was instituted before this Act VI
of 1952 was passed, so that there was no specific pleading in this
behalf by the plaintiffs/ appellants. The trial Court, therefore,
ignored this aspect altogether, and even the High Court did not
take into aceou.nt the effect of Act VI of 1952 in the two aspects
which have been mentioned by us above.
Since, however, this ~
an appeal against a preliJi:!inary decree in the suits and the suit is still
to continue in the trial Court, we think it appropriate to direct that
these questions should be )>roperly raised in the trial Court by
amendment of the pleadings in the plaint, if necessary, and should
be considered and decided by that Court.
It will be for that court
to give a fresh decision whether the appellants are entitled to claim
a share in the compensation money received in lieu of these eight
villages under Rajasthan Act VI of 1952.
The result is that this appeal is dismissed, subject to the modification that the case will go back to the trial Court for deciding
the question whether the plaintiffs/appellants can claim a share in
the compensation money or not, as indicated above.
Costs of this
appeal shall . abide the decision on this claim of the plaintiffs/
appellants to a share in the compensation money.
R.K.P.S.
Appeal dismissed.