Case: Umrao Singh Ajit Singhji &amp; Anr Vs. Bhagwati Singh Balbir Singh Minor &amp; Ors

1. This is plaintiffs appeal, under a certificate, against the dismissal of their suit by the High Court of Judicature for Rajasthan (Jaipur Branch) and praying for a declaration of their rights of succession to the Gaddi of Indergarh.2. The relevant facts concerning this litigation are these : Mahraja Sumer Singhji was the last jagirdar of Indergrah (District Kotah, Rajasthan). He died without male issue onat Delhi. OnMaharaja Umrao Singh, one of the appellants in the present appeal, instituted a suit against the respondent Maharaja Bhagwati Singh and three others on the allegation that Maharaja Sumer Singhji of Indergarh having died without male issue, the plaintiff was the sole heir of the deceased, and the respondent Bhagwati Singh, minor, was falsely alleging himself to be an adopted son of the late Maharaja and was trying to succeed to his estate; that Maharaja Bhagwati Singh was never adopted by the deceasedc and conseqently the plaintiff was entitled to a declaration to the effect that he was the real successor to the Gaddi of Indergarh.In defence it was pleaded that the adoption by the late Maharaja was made after obtaining proper sanction of His Highness the Maharao of Kotah. It was contended that when Kotah State was a separate political unit His Highness the Maharaja Sahib of Kotah was the sole autbority to recognise succession regardingthe jagirs and that on integration of Rajasthan that authority is enjoyed by His Highness the Rajpramukh under Art. 7(3) of the Covenant of Rulers of Rajasthan and that consequently the District Judge had no. jurisdiction to try the case. On this pleading the Court framed the following Issue :"Issue No. 3Whether His Highness the Rajpramukh had an exclusive right to decide the question of succession relating to Kotri (Jagir) in question and whether the jurisdiction of the civil Courts being barred in such matters, the District Court has no. jurisdiction to hear the suit?"3. The learned District Judge, after hearing arguments on this Issue, by his judgement datedfound the Issue in favour of the respondents and dismissed the plaintiffs suit. On appeal the High Court of Rajasthan affirmed this decision. During the proceedings in the Courts below, Maharaja Udaibhan Singh was a defendant in the case, was impleaded as a plaintiff. This appeal has now been preferred by both the plaintiffs.

Reasoning: 6. The learned counsel for the appellants contended that the suit instituted by the plaintiffs being of a civil nature, civil Courts had jurisdiction to entertain it and the District Judge and the High Court were in error in holding that their jurisdiction was either expressly or impliedlybarred. In our opinion this contention is not well founded. It is true that there is no. express statutory provision barring the jurisdiction of the civil Courts regarding suits of this nature, but it is equally clear that their jurisdiction to entertain suits of this nature is impliedlywords of the Covenant are unambiguous except the Rajpramukh of Rajasthan will be competent to decide the question of succession. That being so, no. suit can be maintained in a civil Court to direct a sovereign to perform his sovereign duties in a particular manner.The power of recognizing an heir to the Gaddi of Indergarh which was one exercised by the Maharao of Kotah and which is now being exercised by the Rajpramukh of Rajasthan, is political in character and is an incident of sovereignty, and a matter that has to be exclusively settled in exercise of such a power cannot possibly be the subject of adjudication in a civilthe absence of any evidence to the contrary it has to be assumed that the (Jan). 1956 S. C. /3&4.Indergarh jagir was resumable after the death of the last holder and it was in exercise of sovereign rights that the Maharao of Kotah recognized the adoption of Bhagwati Singh and the Rajpramukh of Rajasthan in exercise of the same right recognized him as an heir to the last Jagirdar. Even if the jagir was of a hereditary nature, it seems clear that the Maharao of Kotah was admittedly the sole arbiter for determining the question of succession to the Gaddi according to law and custom and that exclusive power, by the binding force of the Covenant, has passed to the Rajpramukh of Rajasthan.In this view of the case the rule laid down by their Lordships of the Privy Council inSultan Sani v. Ajmodin 20 Ind App 50 (PC) (B) is attracted to this case. Therein their Lordships expressed the opinion that the question to whom a saranjam or jagir shall be granted upon the death of its holder is one which belongs exclusively to the Government, to be determined upon political consideration, and that it is not within them competency of any legal tribunal to review the decision which the Government may pronounce.