Supreme Court of India · 1970-02-26
JAYVANT RAO AND OTHERS vs CHANDRA KANT RAO AND OTHERS
- Citation / case number
- SC 1966/60252
- Court
- Supreme Court of India
- Petitioner
- JAYVANT RAO AND OTHERS
- Respondent
- CHANDRA KANT RAO AND OTHERS
- Bench
- BHARGAVA, VISHISHTHA
Judgment text excerpt
The Supreme Court held that the order passed by the Ruler of Kotah on January 22, 1938, which declared the Jagir as impartible and governed by the rule of primogeniture, was a legislative act under Article 372 of the Constitution of India, and not merely an executive order. The Court affirmed the High Court's decision that the Jagir was impartible property, thus dismissing the appeal of the appellants, who were descendants of M, as they could not claim a share in the Jagir. The ruling established that such orders by a sovereign Ruler, which change the law applicable to property, remain valid post-merger into the Indian Union.