{"id":255986,"date":"1960-04-14T00:00:00","date_gmt":"1960-04-13T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/darbar-shri-vira-vala-surag-vs-the-state-of-saurashtra-now-on-14-april-1960"},"modified":"2015-04-15T14:24:56","modified_gmt":"2015-04-15T08:54:56","slug":"darbar-shri-vira-vala-surag-vs-the-state-of-saurashtra-now-on-14-april-1960","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/darbar-shri-vira-vala-surag-vs-the-state-of-saurashtra-now-on-14-april-1960","title":{"rendered":"Darbar Shri Vira Vala Surag … vs The State Of Saurashtra (Now … on 14 April, 1960"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Darbar Shri Vira Vala Surag … vs The State Of Saurashtra (Now … on 14 April, 1960<\/div>\n
Equivalent citations: 1967 AIR 346, 1960 SCR (3) 521<\/div>\n
Author: K L.<\/div>\n
Bench: Imam, Syed Jaffer, Das, S.K., Kapur, J.L., Sarkar, A.K., Hidayatullah, M.<\/div>\n
           PETITIONER:\nDARBAR SHRI VIRA VALA SURAG VALA,VADIA\n\n\tVs.\n\nRESPONDENT:\nTHE STATE OF SAURASHTRA (NOW BOMBAY)\n\nDATE OF JUDGMENT:\n14\/04\/1960\n\nBENCH:\nKAPUR, J.L.\nBENCH:\nKAPUR, J.L.\nIMAM, SYED JAFFER\nDAS, S.K.\nSARKAR, A.K.\nHIDAYATULLAH, M.\n\nCITATION:\n 1967 AIR  346\t\t  1960 SCR  (3) 521\n CITATOR INFO :\n R\t    1981 SC1829\t (116)\n\n\nACT:\n       Grant by Ruler to younger son as Bhayat-Son becoming  Ruler-\n       Whether grant resumable-\" Bhayat \", Meaning of.\n\n\n\nHEADNOTE:\nIn  the,  Indian State of Vadia succession was\tgoverned  by\nprimogeniture.\t The  Ruler in 1943 granted to\this  younger\nson,  the petitioner, a village in the State  in  perpetuity\nand in heredity for enjoyment as 'Kapal-Giras' as ' Bhayat'.\nIn 1947 the State of Vadia acceded to the Dominion of  India\nand  by\t subsequent constitutional  developments  it  became\nmerged\tin the State of Saurashtra.  After the\tcoming\tinto\nforce  of  the Constitution the elder son of the  Ruler\t and\nthen  the Ruler died, and the petitioner was  recognised  as\nthe  Ruler.   Thereupon\t the State of  Saurashtra  issued  a\nnotification  resuming\tthe grant as it was deemed  to\thave\nlapsed\tand  reverted  to  the\tformer\tVadia  State.\t The\npetitioner  contended  that  the  grant\t was  absolute\t and\nunconditional for\n522\npermanent  enjoyment from generation to generation  and\t the\nState could not resume it:\nHeld,  that the grant lapsed on the petitioner becoming\t the\nRuler  and the State could resume it.  The grant was to\t the\npetitioner as a \" Bhayat \", which word meant a cadet or\t the\ndescendant of a younger branch of a Talukdar's family  where\nthe  estate followed the rule of primogeniture; as  such  if\nenured for his benefit as long as he remained a cadet.\t But\nwhen  the  grantee  became the Ruler and ceased to  be\ta  \"\nBhayat \", the grant came to an end.\n\n\n\nJUDGMENT:\n<\/pre>\n
       ORIGINAL JURISDICTION: Petition No. 62 of 1956.
\n       Petition\t under\tArt. 32<\/a> of the Constitution  of\t India\tfor
\n       enforcement of Fundamental Rights.\n<\/p>\n
       N.H. Hingorani and A. N. Sinha, for the petitioner.
\n       R. Ganapathy Iyer and T. M. Sen, for the respondent.
\n       1960.  April 14.\t The Judgment of the Court was delivered by
\n       KAPUR, J.-Prior to the integration of the Indian States with
\n       the  Union of India on the promulgation of the  Constitution
\n       of  India  there\t was in Kathiawad a State of  the  name\t of
\n       Vadia,\tsuccession  to\tthe  Rulership\tof  which  was\t by
\n       primogeniture.\tIts Ruler then was Darbar Saheb Shri  Surag
\n       Vala Bavavala.  He had two sons Kumar Shri Krishan Kumar and
\n       the petitioner Kumar Shri Vira Vala Surag Vala.\tKumar  Shri
\n       Krishan Kumar being the elder son was the heir-apparent.\t On
\n       July  5,\t 1943,\tthe  Ruler Darbar  Saheb  Shri\tSurag  Vala
\n       executed two documents in favour of the petitioner  granting
\n       him  in perpetuity and in heredity a village called  ‘  Mota
\n       Pithadia’ in the State for enjoyment as ‘ Kapal-Giras’ as  ‘
\n       Bhayat’.\t The word ‘ Bhayat’ means a cadet or the descendant
\n       of  a younger branch of a Talukdar’s family where the  State
\n       followstheruloofprimogeniture.\t‘Kapal-Giras’means a  grant
\n       in appanage as a birthright to a share in the patrimony.
\n       Sometime in or about August, 1947,the State of Vadia acceded
\n       to  the\tDominion  of India on the  terms  contained  in\t an
\n       instrument  of  accession  then\texecuted.   Thereafter,\t on
\n       January\t23,  1948,  various States in  the  Kathiawad  area
\n       entered\tinto  a\t covenant  forming  the\t United\t State\t of
\n       Kathiawad,  also called the United State of Saurashtra.\t In
\n       terms of this covenant the
\n       523<\/span>
\n       assets of each State excepting the private properties of the
\n       Ruler, became the assets of the United State.  The  covenant
\n       also provided that the Ruler of each State shall be entitled
\n       to  receive  a  certain\tsum as his  privy  purse  from\tthe
\n       revenues\t of  the United State, to retain ownership  of\tall
\n       private\tproperties to be determined in the manner  provided
\n       and  to all personal privileges, dignities and titles.\tThe
\n       Government of India concurred in the covenant and guaranteed
\n       all its provisions.  The State of Vadia was a party to  this
\n       covenant\t and  its  assets therefore became  vested  in\tthe
\n       United  State.  On September 13, 1948, the United  State\t of
\n       Kathiawad  executed a fresh instrument of accession  to\tthe
\n       Dominion\t of  India cancelling the instrument  of  accession
\n       executed by the covenanting States in or about August, 1947.
\n       On  November 13, 1949, the United State of Kathiawad  agreed
\n       to  adopt the Constitution to be framed by  the\tConstituent
\n       Assembly of India and further that the Constitution of India
\n       as  from\t the date of its commencement would  supersede\tand
\n       abrogate\t all other constitutional  provisions  inconsistent
\n       therewith in force in the United State.\tOn the promulgation
\n       of the Constitution of India on January 26, 1950, the United
\n       State merged in the Union of India and became Saurashtra,  a
\n       Part  B\tState mentioned in the\tConstitution.\tThe  United
\n       State and therefore its component States since then lost all
\n       separate\t existence.   It is not in dispute that\t upon  such
\n       merger  all the assets of the United State became vested\t in
\n       the Union of India.\n<\/p>\n
       On January 27, 1950, Kumar Shri Krishan Kumar, the elder son
\n       of  the\tRuler  Darbar  Saheb  Shri  Surag  Vala\t died\tand
\n       thereafter  on  May 16, 1950, the Ruler\thimself\t died.\t On
\n       February\t  12,  1951,  the  President  of  India\t issued\t  a
\n       notification  recognising  the petitioner as  the  Ruler\t of
\n       Vadia  with effect from May 16,1950, and he became  entitled
\n       to the rights of the Ruler which the Government of India had
\n       agreed to recognise.  These were the rights reserved to\tthe
\n       Ruler  under the covenant constituting the United  State\t of
\n       kathiawad,  namely,  the\t right to a  privy  purse,  to\tthe
\n       private properties and to the personal privileges, dignities
\n       and titles.\n<\/p>\n
       524<\/span><\/p>\n
       On  July 2, 1951, the Government of the State of\t Saurashtra
\n       issued  a notification declaring that as the petitioner\thad
\n       succeeded his father as Ruler, the village Pithadia  should,
\n       pending final orders be treated as Khalsa or Khas village of
\n       the  State of Saurashtra.  The petitioner was then  a  minor
\n       and his mother submitted a representation to the\t Government
\n       protesting against the notification.  No reply was  received
\n       to  this\t protest.   On\tMay 23,\t 1952,\tthe  Government\t of
\n       Saurashtra issued a further notification which stated:
\n       ” Whereas the village Pithadia in Vadia Taluka of the Madhya
\n       Saurashtra  District was granted, by Lekh No. 194 dated\t5th
\n       July,  1943, as Kapal Giras by the late Ruler  Darbar  Saheb
\n       Suragwala  of the former Vadia State to his second son  Shri
\n       K.  S.  Viravala\t in the latter’s capacity as  a\t cadet,\t in
\n       appanage\t grant; and Whereas, the late Ruler and his  eldest
\n       son Shri K. S. Krishna Kumarsinghji predeceased this  second
\n       son  Shri K. S.Viravala, the latter has been  recognised\t as
\n       the Ruler of the former State of Vadia with effect from 16th
\n       May, 1950, by the Government of Saurashtra and the President
\n       of  India  as  per  Notification\t No.  PD\/MS\/20\tdated  12th
\n       February,  1951,\t of the Government  of\tSaurashtra  Revenue
\n       Department   (Political)\t  published  in\t the   Gazette\t of
\n       Saurashtra   and\t Whereas,  pending  the\t  recognition\tthe
\n       Government  of Saurashtra had ordered, by  Notification\tNo.
\n       PD\/148\/20,  dated 2nd July, 1951, of the Revenue\t Department
\n       (Political) that village should be treated as Khalsa village
\n       of the State of Saurashtra and whereas Shri K. S. Viravala’s
\n       status as a Cadet has ceased and the object of the grant\t in
\n       appanage\t  has  terminated  in  consequence  of\this   being
\n       recognised as the Ruler.\n<\/p>\n
       Now,  therefore,\t the  grant is deemed to  have\tlapsed\tand
\n       reverted\t to the former Vadia State now integrated with\tthe
\n       State  of  Saurashtra  at  present known\t as  the  State\t of
\n       Saurashtra with effect from the date of Shri K. S.  Viravala
\n       having  been  recognised as the Ruler of\t the  former  Vadia
\n       State in succession to the late Ruler Darbar Shri  Suragwala
\n       of Vadia State, viz., 16th of May, 1950 “.\n<\/p>\n
       525<\/span><\/p>\n
       The  petitioner again lodged a protest against  this  latter
\n       notification but this time also received no reply.  On March
\n       9, 1956, he filed the present petition under Art. 32<\/a> of\tthe
\n       Constitution  asking for the issue of a writ  directing\tthe
\n       respondent,  the\t State of Bombay, in which State  State\t of
\n       Saurashtra  had\tearlier merged, to withdraw or\tcancel\tthe
\n       notification  and to restore the village Pithadia  with\tall
\n       collections  and realisations made by it to  the\t petitioner
\n       and  restraining\t the respondent from giving effect  to\tthe
\n       notification.\n<\/p>\n
       The  petitioner’s  contention is that the village  had  been
\n       granted to him absolutely and unconditionally for  permanent
\n       enjoyment from generation to generation and the State  could
\n       not  resume  it\tso long as any of the  descendants  of\tthe
\n       petitioner   was\t alive.\t  He  contends\t that\tPresident’s
\n       recognition  of\thim as Ruler of Vadia did  not\taffect\this
\n       rights to the village.  The respondent’s contention is  that
\n       the  grant was not absolute or unconditional but it  was\t to
\n       remain in force so long as the petitioner continued to be  a
\n       cadet  of the family and that as on his being recognised\t as
\n       the Ruler he ceased to be a cadet, the grant lapsed and\tthe
\n       village reverted to the State.  It is said that the Union of
\n       India  being  entitled  to all the assets of  the  State\t of
\n       Vadia, the village has become its property since the date of
\n       the petitioner’s recognition as the
\n       Ruler.\n<\/p>\n
       The  question therefore is whether the grant lapsed  on\tthe
\n       grantee becoming the Ruler.  That is a question depending on
\n       the  terms  of the grant.  Capt.\t Webb  in  his\tcompilation
\n       called  ” Political Practice in Kathiawad ” has defined a  ‘
\n       Bhayat’ as a cadet or the descendant of a younger branch\t of
\n       a  Talukdar’s  family where the estate follows the  rule\t of
\n       primogeniture.\tThe grant was made by a document  called  a
\n       Lekh or a writing to which was attached a Hakpatrak which is
\n       a  Statement  of rights created by the Darbar to\t a  Bhayat.
\n       Both these documents were registered before the Agency.\tThe
\n       main portions of the.  Lekh
\n       were in these terms:\n<\/p>\n
       ” Passed by Shree Vadia Darbar Shree Suragvala Bavavala,\t to
\n       long-lived  Kumar  Shree\t Viravala.   To\t wit:-the  Rule\t of
\n       primogeniture (i.e., the system
\n       69<\/span>
\n       526<\/span>
\n       of  Heir-apparent  and cadets) having been applied  to  this
\n       State, and you being our Kumar (SOD) younger than our eldest
\n       Kumar,  long-lived  Yuvaraj Shree Krishna Kumar\tSaheb,\tyou
\n       are, by this Lekh, given, as Bhayat, for permanent enjoyment
\n       as Kapal Giras, from generation to generation, the village ”
\n       Mota-Pithadia “, a village of exclusive jurisdiction of this
\n       State, which is of our possession, enjoyment and\t ownership,
\n       with its village, Tal (village site), and Sim with all their
\n       boundaries, fields, Vadis, Kharo, Kharabo, etc., i.e.,  with
\n       all the boundaries of’ the said village, as Giras.  You\tmay
\n       enjoy  the revenues thereof from the beginning of  the  Year
\n       Samvat 2000.\n<\/p>\n
       as  Bhayat,  a  Hakpatrak  (statement  of  rights)  thereof,
\n       according  to procedure has been given.\tThe same  has  been
\n       attached\t herewith.  You and your heirs and  successors\tmay
\n       enjoy  the  same.  Map and Field-Book of this  village  have
\n       been  made, true copies whereof have been got  prepared\tand
\n       given to you “.\n<\/p>\n
       The  lekh  conferred various  other  dignities,\tprivileges,
\n       amenities  and rights on the petitioner.\t Thus it is  stated
\n       that  the  petitioner’s marriage will be celebrated  at\tthe
\n       State expense and the State will arrange for his\t education,
\n       that no duties or taxes will be levied on the petitioner\t on
\n       account\t of  his  residence  in\t Vadia\tproper,\t that\tthe
\n       petitioner’s  complaint regarding Giras, i.e.,  the  village
\n       granted,\t or any other civil matter would be  heard  without
\n       charging any court fee and he would be exempt from  personal
\n       attendance  in  court in civil matters and that\tno  process
\n       will  be\t issued against him in criminal cases  without\tthe
\n       permission  of  the  Ruler himself.   All  these\t dignities,
\n       rights  and  privileges are appropriate to a  cadet  of\tthe
\n       Ruler’s family, but have no meaning when applied to a Ruler.
\n       In  the\tHak Patrak it is stated: ” In future even  if  your
\n       descendants  are joint or may have divided, any\tone  Bhayat
\n       surviving  from\tamongst your descendants  shall\t enjoy\tthe
\n       Sudharo Giras and it Shall not
\n       527<\/span>
\n       revert  to the State till any one Bhayat from  amongst  your
\n       descendants  is\tliving “. It also states that  the  grantee
\n       will  not sell or mortgage the Giras without the\t permission
\n       of the State.\n<\/p>\n
       The  grant  and\tthe Hak Patrak read together  lead  to\tthe
\n       inescapable conclusion that in its true natures the grant is
\n       a  grant to a cadet of the family and the grant\tenures\tfor
\n       his benefit as long as he remains a cadet.  The expression ”
\n       given as Bhayat ” is not merely descriptive of the  grantee,
\n       but indicates the true nature of the grant.  Nor do we agree
\n       that the expression ” given as Bhayat ” merely indicates the
\n       purpose for which the grant is made but describes the nature
\n       of the tenure.  The grant states in express terms that it is
\n       given  as  Bhayat for permanent\tenjoyment  as  Kapal-Giras,
\n       which means that the grant is to a cadet as an appanage\tand
\n       continues  from generation to generation as long as  any\t of
\n       the descendants of the grantee is alive.\t But if the grantee
\n       ceases to be the younger branch and becomes heir-apparent by
\n       reason of the rule of primogeniture or ceases to be a  cadet
\n       or  Bhayat  for any reason whatsoever, then the\tgrant  must
\n       come  to\t an end.  This is what the rights  and\tliabilities
\n       mentioned  in  the grant itself and also in the\tHak  Patrak
\n       show;  for example, with regard to the right of\tsuccession,
\n       the  Hak Patrak states that even if one Bhayat from  amongst
\n       the descendants survives he shall enjoy the Giras and  there
\n       will be no reversion to the State.\n<\/p>\n
       This, in our opinion, shows that the grant enures as long as
\n       there is a Bhayat.  If there is no Bhayat the grant  lapses.
\n       If  on  a  true\tconstruction the grant\tis  of\tthe  nature
\n       indicated above, then no question of reading an implied term
\n       in  the\tgrant  arises;\tnor  is\t there\tany  necessity\t of
\n       determining whether the petitioner has become a ruler in the
\n       sense  in which his father was a ruler of the  Vadia  State.
\n       Whatever\t be the reason for which the petitioner has  ceased
\n       to  be a Bhayat, either by reason of the death of his  elder
\n       brother or by reason of his becoming a ruler in the  limited
\n       sense of the Constitution, he has ceased to be a Bhayat\tand
\n       the grant being given as Bhayat for
\n       528<\/span>
\n       permanent enjoyment as Kapal-Giras, it has come to an end.
\n       In  that view of the matter the petitioner must be  held\t to
\n       have failed to make out any infringement of his\tfundamental
\n       :’right\tby reason of the notification dated May\t 23,  1952.
\n       The  infringement  which\t the  petitioner  complains  of\t is
\n       deprivation of his property by State action and he bases his
\n       right  on  the terms of the grant.  If the grant is  not\t an
\n       absolute\t grant\tin  the\t sense\tin  which  the\t petitioner
\n       contends, but is a grant which by its very nature contains a
\n       defeasance  clause,  then the petitioner\t cannot\t found\this
\n       claim on any violation of his fundamental right.
\n       The petition is therefore dismissed with costs.
\n       Petition dismissed.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Darbar Shri Vira Vala Surag … vs The State Of Saurashtra (Now … on 14 April, 1960 Equivalent citations: 1967 AIR 346, 1960 SCR (3) 521 Author: K L. Bench: Imam, Syed Jaffer, Das, S.K., Kapur, J.L., Sarkar, A.K., Hidayatullah, M. PETITIONER: DARBAR SHRI VIRA VALA SURAG VALA,VADIA Vs. RESPONDENT: THE […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-255986","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nDarbar Shri Vira Vala Surag ... vs The State Of Saurashtra (Now ... on 14 April, 1960 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/darbar-shri-vira-vala-surag-vs-the-state-of-saurashtra-now-on-14-april-1960\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Darbar Shri Vira Vala Surag ... vs The State Of Saurashtra (Now ... on 14 April, 1960 - 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