The father of the appellant died on December 9, 1955 and on his death the appellant became the Ruler.
Hence this appeal by special leave.
1, was illegal and invalid.
K. Dholakia, R.C. Bhatia and P.C. Kapur for the Appellants.
1114 From the Judgment and Decree dated 2.12.1969 of the Gujarat High Court in F.A. No.
On May 10, 1956, the suit out of which this appeal arises, was instituted by the appellant challenging the validity of the said deed of gift and the will.
Being aggrieved by the judgment and decree of the learned Civil Judge, the respondents preferred an appeal to the High Court.
It was averred that the deed of gift and the will were perfectly legal and valid.
1 and his mother.
The respondents including the younger brother of the appellant, companytested t he suit, inter alia, denying that the former Ruler had numberpower of alienation as companytended by the appellant.
In the suit, the case of the appellant was that as the rule of primogeniture applied to the Raj Estate, he being the eldest son succeeded to the Gadi.
1 to hand over to the appellant the possession of the properties which were all agricultural lands, as mentioned in the deed of gift.
The learned Civil 1115 Judge passed a decree for mesne profit, but refused the prayer of the appellant for an injunction on the ground that the appellant had failed to prove his possession of the properties mentioned in the plaint.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The learned Civil Judge decreed the suit in part declaring that the deed of gift and the will were illegal and directed the respondent No.
K. Mehta, H.S. Parihar and N.D. Bhatti for the Respondents.
number the State of Maharashtra .
The Judgment of the Court was delivered by DUTT, J. This appeal by special leave is at the instance of the plaintiff appellant, since deceased, and is directed against the judgment and decree of the Gujarat High Court reversing those of the Civil Judge, Senior Division, Himatnagar, whereby the learned Civil Judge decreed the suit instituted by the appellant.
The former Ruler, the father of the appellant, by a deed of gift dated May 14, 1951 gifted certain properties to his youngest son, the respondent No.
2477 of 1972.
The late Thakore Sartansinhji, the father of the appellant, was the Ruler of the former Mohanpur State situated in the district of Sabarkantha, Gujarat.
1 herein.
89 of 1961.
After independence, the said Mohanpur State merged in the then State of Bombay.
By his will dated May 22, 1951 the former Ruler also bequeathed certain properties to the respondent No.
It was companytended that the former Ruler, that is, the father of the appellant, had numberpower of alienation either by gift or by will and, accordingly, the disposition made by him by the said deed of gift and the will in favour of his younger brother, the respondent No.
