SUKHDEV SINGH vs MAHARAJA BAHADUR OF GIDHAUR

The Supreme Court held that in the absence of clear evidence regarding the nature of a ghatwali tenure, the inclusion of such tenure within a zemindary and its assessment under the jama favors the party claiming it as dependent on the zemindary. The Court ruled that a zemindar is presumed to own underground rights unless evidence shows otherwise, and that statements in District Gazetteers, while not conclusive, hold evidentiary value. The appeal was dismissed, affirming the lower court's decision in favor of the Maharaja of Gidhaur.