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february 1970

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.

JAYVANT RAO AND OTHERS vs CHANDRA KANT RAO AND OTHERS · Niyam