Regional Commissioner, Western India Gujarat States Region.
6 of 1947 , appointed Shri S. W. Shiveshwarkar as Administrator of Junagadh State.
The facts of the case areas follows One Ameer Ismail Khokhar Kayam Khokhar purchased a plot of land in Junagadh town from the State of Junagadh, and built a house on it.
It reads Land measuring Sq.
The suit was decreed by the Civil Judge, to whom after integration the case was transferred, and the decree was companyfirmed by the High Court by the judgment under appeal.
As pointed out above, the suit was transferred subsequently to the Civil Judge, Senior Division, Junagadh, who decreed it granting the declaration on December 15, 1951.
The Regional Commissioner on November 9, 1947, issued a Proclamation which was published in the Destural Amal Sarkar Junagadh of November 10, 1947, stating that he had assumed charge of the administration of the Junagadh State at 18 00 hours under the orders of the Government of India.
Jurisdiction Act, was number justiciable being an act of State, that the Civil Courts jurisdiction was barred under s. 5 of the Extra Provincial Jurisdiction Act and s. 4 2 of Ordinance No.
On November 16, 1947, the following Notification was issued by the Administrator NOTIFICATION No.
Junagadh, N. M. Buch, 9th November, 1947.
On November 14, 1947,the Regional Commissioner by a Notification No.
All the Junagadh State Officials and subjects are, therefore, invited to offer unconditional and loyal support and companyperation to the new Administration.
It was stated as follows you are hereby granted from the date of gift i.e. 17 11 41 the title to sell the house as defined in this Rukka and as per directions received.
In the original gift deed described in plaintiffs Exhibit dated May 18, 1942 there does number appear to have been any mention of a power to transfer the property.
16 of 1952, arising out of the judgment and decree dated December 15, 1951, of the Civil Judge, Senior Division, Junagadh in Civil Suit No.
The first task of myself and my officers will be to ensure companyplete peace and order throughout Junagadh State territory, and to give even justice to all companymunities.
Appeal from the judgment and decree dated the February 19, 1953, of the former Saurashtra High Court in Civil First Appeal No.
Indeed, in the said document of May 18, 1942, it was stated that the house was given for the use and enjoyment of Abu Panch.
32/98 and the vendor Sheth Haji Ismail Haji Valimahomed had purchased the same with the full knowledge of the companytents hereof.
Abu Panch in his turn sold on November 24, 1943 the property to the respondent for Rs.
30,000.
It may further be pointed out that the two defendants other than the State of Saurashtra were discharged from the suit, and it proceeded only against the State of Saurashtra for the relief of declaration above described.
A Rukka was issued to him on December 2, 1939, which is plaintiff s Exhibit No.
It appears that this additional Shera was issued to validate the sale which had been effected by Abu Panch earlier.
Regional Commissioner, Western India Gujarat States Region.
30,000 plus Rs.
Subsequently, on February 12, 1944, the Nawab ordered certain amendments in the Palace Order by making it possible for Abu Panch to sell the house.
N. Shroff, for the respondent.
The majority companymunity of the State has a special responsibility for the protection of the minorities.
It appears that immediately afterwards the Administrator took this property in his possession, and the plaintiff respondent after serving a numberice under s. 423 of the Junagadh State Civil Procedure Code companyresponding to s. 80 of the Civil Procedure Code, 1908 filed the suit for the above declaration in the High Court of the State.
541 2 0, being the companysideration and expenses of a transfer of immovable property resumed under the said Order.
However, the matters stood thus when after Independence the affairs of Junagadh State fell into a chaos, and at the invitation of the State Council the Government of India ordered the Regional Commissioner, Western India and Gujerat States Region to assume charge of the administration of the State on behalf of the Government of India.
S. W. Shiveshwarkar Administrator Presidents Executive Council, Junagadh State.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
K. Daphtary, Solicitor General of India, B. Ganapathy lyer and D. Gupta for the appellant.
185 of 1955.
16 of 1952.
The appellant is the State of Saurashtra, which stood substituted for the State of Junagadh, against which the suit was originally filed.
On November 17,1941, the Nawab gave this property by gift to Abu Panch.
72 of 1949 and that the grant was always resumable by the Ruler and Shri Shiveshwarkar as the successor companyld also resume the same.
2/3289 dated October 1, 1948, was illegal, unjust and against all canons of natural justice .
R/3289 of 1948, which was impugned in the suit.
It may be pointed out that during the companyrse of this suit, a third defendant, namely, the Mamlatdar, Viswadar was also impleaded, because the property of Abu Panch had passed into the management of the Saurashtra Government under what is described in the case as the Gharkhod Ordinance.
He also asked for an alternative relief that the second defendant do return to him a sum of Rs.
On October 13, 1948,Shri Shiveshwarkar passed Secretariat Order No.
August 4.
470 of 1950.
J. Umrigar and K. L. Hathi, for the Interveners.
The Proclamation which is brief, may be quoted here 1, N. M. Buch, Barrister at law O.B.E., I.C.S., Regional Commissioner, Western India Gujarat States Region, have this day assumed charge of the administration of the Junagadh State at 18.00 Hours under the orders of the Government of India, at the request of the Junagadh State Council supported by the people of Junagadh in view of the companyplete breakdown of administration resulting in chaotic companydition in the State.
We must determine what was the status of the respondent on the date the impugned Order was passed against him.
109 and 110 of the Code of Civil Procedure, has been brought against the judgment of that Court dated February 19, 1953, in Civil First Appeal No.
claim was accepted by the Supreme Court of Madras but was rejected by the Privy Council.
P158 dated 17th November, 1941.
1,846 9 12 with the building thereon, situated outside Majevdi Gate opposite workshop was given as a gift by way of Inam to Abu Umar Bin Abdulla Abu Panch of Junagadh under Private Secretarys Office No.
An appeal was filed b the State of Saurashtra pleading, as was done in the suit itself, that the action of Shri Shiveshwarkar who was a de legate of the Government of India appointed under s. 3 2 of the Extra Provincial.
The respondent, Memon Haji Ismail Haji Valimahomed of Junagadh, hereinafter referred to as the respondent, brought this suit originally against two defendants, the State of Junagadh and one Jamadar Abu Umar Bin Abdulla Abu Panch hereafter referred to as Abu Panch , for a declaration that the Secretariat Order No.
The Judgment of the Court was delivered by HIDAYATULLAH J. This appeal with a certificate from the former High Court of Saurashtra under Art.133 of the Constitution read with Ss.
Any act of number cooperation and disloyalty must in the interest of the people and for the preservation of peace and order be dealt with and shall be dealt with firmly.
That Notification was as follows Mr. S. W. Shiveshwarkar M.B.E., I.C.S. on being relieved as Secretary to the Regional Commissioner, Western India and Gujarat States Region, is appointed Administrator of the Junagadh State vice Rao Saheb T. L. Shah, B.A. Under my general guidance and supervision the Administrator will have full authority to pass all orders and to take all action necessary to carry on the affairs of the Junagadh State.
The donee had numberright to sell the said land and building under Rukka No.
He held that the Administrators order was illegal and inoperative and also against all canons of natural justice.
9 of 1947.
Junagadh, N. M. Buch, 14th November, 1947.
