Case Law Details
Smt. Krishana Kumari Devi Vs Harihar Chandra Bhanjdeo (Chhattisgarh High Court)
It is, indisputably and fairly well settled that private was to remain with him under the covenant/agreement executed with the GOI and the said property has to pass on from one Ruler to another in terms of Article 5 of the agreement. It would pass on to the next Ruler under the principle of Lineal Male Primogeniture and the private properties would not be treated as the joint family property or HUF property of the Ruler. It is also settled that by virtue of Section 5(ii) of the Act, 1956, the provisions of the said Act would not apply to the suit property as under the covenant, it would descend to a single heir under the terms of the agreement executed between the Ruler of Bastar and the GOI. It is also settled that the Gaddi and the property would pass on to the next Ruler and would thereafter pass on to the legal heirs of the last Ruler.
The private property of the Ruler shall not be treated as HUF property nor the Act, 1956 would apply to the said property for yet another reason inasmuch as vide Ex.P/74, which is a letter issued by the Government of the Central Provinces and Berar dated 19.07.1948, it was specifically provided that the Muafi Rights created by the Ruler i.e. Maharaja Parvir Chandra Bhanjdeo for the maintenance of his brother in 27 villages are allowed. It is, thus, apparent that if the other family members had any right over the private property by birth or by survivorship there was absolutely no necessity to create Muafi Rights for the maintenance of the Ruler’s brother in 27 villages. It is clearly discernible that the brothers of the Ruler were treated as a separate entity at the time of merger and they had no claim to the private property of the Ruler as they were separated by granting them Muafi Rights in the lands for their maintenance. The brothers of the Ruler have, thus, no right over the properties of the Ruler which would pass on to the next Ruler under law of Primogeniture.
FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT
The following judgment of the Court was passed by Prashant Kumar Mishra, J.
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