The amounts claimed by each of the four sons in the suits instituted by them in 1955 was in respect of the claim for annual allowance by way of grant at Rs.30,000 per annum companyputed retrospectively from the dates of their birth till the date of the passing of the order, that is to say, till September 13, 1946.
Name of the Date of Period or Amount before the appellant.
The particulars relating to the claim may be tabularized as under Appeal No.
On April 7, 1949, an ordinance was promulgated which provided for the companytinuance of the laws of the companyenanting States which included Jodhpur State in the United State of Rajasthan by virtue of Section 3 which provid ed inter alia, that all laws in force in the aforesaid companyenanting States immediately before the companymencement of the Ordinance shall companytinue to be in force.
The High Court allowed the appeals preferred by the State and dismissed the suits instituted by the sons of the late Ruler of Jodhpur on the following reasoning The Order Ex.
Court is claimed A. 97 N Devisinghji 20.9.1933 20.9.1933 of 1972 to 2,34,550 13.9.1946 13 years 7 days .
Birth which claimed Supreme allowance Rs.
134, 119, 120, 121 of 1960.
From the Judgment and Order dated 6.5.1970 of the Rajas than High Court in First Appeal Nos.
2290 N of 1970 and 97 to 99 of 1972.
C.B./7114 dated 13th September, 1946.
On September 13, 1946, some two and a half years prior to the merger of the then State of Jodhpur with the United States of Rajasthan which event occurred on April 7, 1949 , the then Ruler of Order No.
The cash allowance ordered to be paid to the four plaintiffs as per Order Ex.
The said Jodhpur State merged with the other Sovereign States to form the United State of Rajasthan on April 7, 1949.
CIVIL APPELLATE JURISDICTION Civil Appeals No.
That order issued by the Ruler inter alia provided that an annual sum of Rs.30,000 be paid to each of his aforesaid sons de scribed as Maharajkumars by way of an annual allowance with retrospective effect from the date of their birth till the date of their attaining majority.
Mrs. A.K. Verma and D.N. Mishra for the Appellants.
the said State passed order Ex.
A. 98 N Dalipsinghji 20.10.1937 20.10.1937 of 1972 to 1,61,050 13.9.1946 8 years, 11 months 11days .
By certificate granted under Article 133 1 a of the Constitution of India.
The Judgment of the Court was delivered by THAKKAR, J. Whether the High Court was justified in reversing the judgment and decree passed by the trial companyrt in favour of the four sons of the Sovereign Ruler of the then State of Jodhpur in the companytext of an order Passed by the said Ruler, and in dismissing the suits instituted by them against the State of Rajasthan for the recovery of various amounts under the said order, it the problem in these appeals2 by the unsuccessful plaintiffs.
Harish Salve.
On April 7, 1949, administrators were appointed in respect of different States which had merged in the State of Rajasthan.
1 , on the basis of which the claim of the plaintiffs was founded was number passed by the then Ruler in his capacity as the Head of the State in the discharge of any legal li ability or obligation subsisting in favour of his four sons.
1 which is the foundation of the suits giving rise to the present group of appeals.
XXXXXX xxxxxxx.
M. Tarkunde, V.C. Mahajan, S.K. Jain, S, Atreya, E.K. Gupta and C.V. Subba Rao for the Respondents.
It was an ex gratia payment ordered to be made by him in his personal capacity as the father of the four plaintiffs and number in his capacity as the Sovereign Ruler of the State inasmuch as the order for payment was number supported by any law or custom having the force of law in the then State of Jodhpur.
The said order in so far as material reads as under His Highness the Maharaja Sahib Bahadur has been pleased to order that with a view to making suitable provision for the maintenance of younger Maharajkumar and Shri Baiji Lal Sahiba XXXXX xxxxx An annual allowance of Rs.30,000 per annum each be granted to all younger Maharajkumars from the dates of their birth for the period of their minority.
