State Of M.P vs Maharani Ushadevi

2. The facts leading to these appeals, in brief, are that the respondent/plaintiff who was the daughter and reportedly sole heir of Maharaja Yashwanth Rao Holkar, the erstwhile Ruler of Holkar State filed the present Suit on 7th September 1964 seeking the relief of declaration of title and permanent injunction in respect of the plaint schedule properties, i.e, Birs known as Bijasan, Ashapura, Bercha, Mohna and Gajihata and alternatively sought declaration that the plaintiff is the Government lessee or a Bhumiswami of the Suit schedule properties. It is the specific case of the plaintiff that these birs were initially under the control of the Household Department of the Holkar State. Sometime during the existence of the Holkar State, the work of cutting and collecting the grass of these four birs was made over to the Military Grass Farm of Indore with a direction that the quantity of grass required for the purpose of household has to be supplied by them.

3. During the lifetime of Maharaja Yashwanth Rao Holkar, he was depositing Tauzi assessment/revenue charges with the treasury of Holkar State. On 31-08-1945, these birs were transferred to the Army Department of the Holkar State, for harvesting grass, for a period of one year on experimental basis. Again on 22-01-1951, these birs were transferred to the Maharaja and from that date, these birs are in continuous possession and enjoyment of the plaintiff’s family till the filing of the Suit. In the year 1948, Holkar State along with the other princely States was merged with the Dominion of India as per the Covenant dated 16th June, 1948, which was later on re-organised as a part of the present State of Madhya Pradesh. As per Article XII of the Covenant entered between Maharaja Yashwanth Rao Holkar and Government of India, Ministry of States, by communication dated 7th May, 1949, the land in question being managed by the Household Department became the exclusive and individual property of the father of the plaintiff. As the property belongs to the Maharaja, even the Government demanded revenue qua the said land which was duly deposited by the plaintiff’s father as well as the plaintiff.

4. It is further case of the plaintiff that the State Government appears to have passed some orders on May 2, 1964 basing on which, the Collector, Indore had issued a notice on May 16, 1964 requiring the plaintiff to handover the possession of the land in question on the ground that the State Government has declared the Suit schedule property as the property of the State. According to the plaintiff, she holds these lands either as an owner or as a Government lessee, and Government has no jurisdiction to pass such an order. Then the plaintiff moved the Sub-Divisional Magistrate under Section 57 of the Madhya Bharat Land Revenue Code to adjudicate the dispute, but the same was rejected on the ground that they had no jurisdiction. Hence, the plaintiff was constrained to file the present Suit seeking the relief of declaration and injunction.

7. On behalf of the plaintiff, several voluminous documentary evidence were marked as exhibits, while on behalf of the defendants, only two documents were marked. The Trial Court has framed as many as 20 issues, appreciated both the documentary and oral evidence at length and finally by judgement and decree dated 9th march, 1992, partly allowed the Suit filed by plaintiff in respect of three Birs and Ganjihata, and consequential permanent injunction was also granted. Against this, the State has preferred First Appeal No.148 of 1992, and the plaintiff has filed First Appeal 119 of 92. The appellate Court by its judgement dated 24-03-2000 has set aside the order of the Trial Court and remanded the matter for fresh adjudication by framing another four additional issues for trial. At the time of remand, it was further observed by the appellate Court that while deciding the matter again, the Trial Court will not record any further evidence nor will allow the parties to make any amendments to the pleadings.

26. Coming to the facts of the present case, on 16-06-1948 through the Covenant that is exhibit P-79 Maharaja of Holkar along with other Princely States agreed to merge with the dominion of India.

41. For all the foregoing reasons, we allow these appeals by setting aside the impugned judgments of the High Court and consequently the Suit is dismissed. However, there shall be no order as to costs.