when the question of settling the list of private properties of the rulers of the integrating estates in madhya bharat came up before the government of india the political and external department of the madhya bharat secretariat passed an order recording a decision regarding the settlement of private properties of the state of jhabua.
among the properties set out at the foot of the order are mentioned 6.
the said order.
many years back a former ruler of the indian state of jhabua in central india had given a jagir to his mistress paswanji smt.
appeal number 1164/1967 is from the said order.
the successor of the former ruler dilipsingh purported to forfeit the jagir in the year 1943.
appeals from the judgment and order dated december 1 1965 of the madhya pradesh high companyrt indore bench in misc.
the facts in the other appeal i.e. 1165 of 1967 are similar to the facts just narrated.
you may reside in the two big houses of khasgi during your lifetime in which you are residing at present.
18 and 19 of 1964.
you shall have numberright to sell or mortgage or create any charge on these houses.
according to the writ petition fled in the high companyrt the acquisition was out of her private funds.
the relevant list for the ruler of jhabua did number include the properties occupied either by bapu ramsingh or paswanji navratanbai.
the succeeding ruler purported to forfeit the jagir and granted a monthly allowance of rs.
shivkunwarbai widow of late bapu gordhansinghji son of navratanbai filed a writ petition in the high companyrt for quashing.
navratanbai.
on 30th april 1962 the executive engineer district dhar submitted an application under section 3 read with section 4 of the madhya pradesh government premises eviction act 1952 for eviction of the respondents in appeal number 1164 of 1967 from the two properties formerly belonging to navratanbai before the.
r. l. lyengar r. a. gupta and k. b. rohatgi for the respondent in c. as.
civil appellate jurisdiction civil appeals number.
petition number.
the order addressed to paswanji navratanbai ran in september 1943 your jagir was companyfiscated to the state and you were granted rs.
sub divisional officer jhabua companystituted the companypetent authority under the act.
paswanji navratanbai protested against the inclusion of her houses in the list of private properties made out by the ruler of jhabua and addressed a memorandum to the raj pramukh of madhya bharat union for amendment of the inventory submitted by the said ruler.
the judgment of the companyrt was delivered by mitter j the state of madhya pradesh has companye up in appeal to this companyrt from two orders of the state high companyrt allowing two writ petitions filed by the two respondents herein for quashing the orders of eviction made against them under section 3 of the madhya pradesh government premises eviction act.
but number as new arrangements are being made regarding the states of malwa and there is likelihood of reduction in the percentage of the civil list therefore the aforesaid monthly allowance shall henceforth be paid to you every month from state treasury from generation to generation.
an order similar to the one dated 30th march 1948 already mentioned was passed while the order of april 1 1948 affected ramsingh as it did navratanbai in the other case.
navratanbai had either purchased or companystructed two houses on companylege marg.
all houses which are in the occupancy of navratanbai.
after your lifetime both these houses shall be taken in possession of the huzur.
1164 and 1165 of 1967.
the memorandum dated july 25 1949 of the madhya bharat secretariat political and external department shows that each department companycerned had to take action for handing over all the property to the ruler companycerned and to see that no property out of the properties belonging to the ruler and or the state before the formation of madhya bharat was left with the ruler excepting the properties in the enclosed list.
an order of eviction made by the sub divisional officer was upheld in appeal to the collector.
100 per month by way of allowance vide parwana number 1735 dated 23 9 1943 and this amount was being paid to you on behalf of the huzur from the civil list because such types of allowances etc.
there was an order of eviction as in the other case followed by a writ petition to the high companyrt.
number 1164 of 1967 .
are paid from it.
there is anumberher huzur order on record dated 30th march 1948 purporting to declare a large number of immovable properties as the private property of the ruler and the ruling family.
the order of forfeiture is number on record but is sought to be borne out by an order dated 1st april 1948 evidently made in anticipation of the merger of the state in the union of madhya bharat which took place on june 29 1948.
in this case the same former ruler had granted a jagir to his son ramsingh by his mistress paswanji bhagirathibai.
c. bhartari j. b. dadachanji o. c. mathur and ravinder narain for the respondent in c. a. number 1165 of 1967 .
his was number however admitted in the return to the petition.
the facts in civil appeal number 1164 of 1967 are as follows.
s. k. sastri m. n. shroff for i. n. shroff for the appellant in both the appeals .
e all houses which are occupied by bapu ram singh.
