Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950-Art.363-Applicability of - Suit for declaration of title and permanent injpnction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1950-Art.363-Applicability of- Suit for declaration of title and permanent injpnction - By the legal heir of Maharaja of Holkar - Claiming that theproperty in question which was managed by the HouseholdDepartment of the Holkar State was the exclusive andindividual property of the Maharaja and not the property ofthe appellant-State - In the alternative seeking declaration to be 'Bhumiswami' of the land uls. 158(2) of Land RevenueCode - Maintainability of the suit - Held: The right of theplaintiff flows from the Covenant whereby the Maharaja ofHolkar and the other princely States agreed to merge withthe dominion of India - Therefore, the relief sought by the plaintiff falls within the ambit of Art. 363 and hence the suit isnot maintainable - Since the claim of plaintiff as 'Bhumiswami'is by way of the Covenant which is disputed and the relief ofsettling these disputes is barred u/Art. 363, one cannot claimto be 'Bhumiswami', independent of the Covenant- Madhya Pradesh Land Revenue Code, 1959 - s. 158(2). |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2015 INSC 497 |
Petitioner | State Of Madhya Pradesh |
Respondent | Maharani Ushadevi |
SCR | [2015] 7 S.C.R. 737 |
Judgement Date | 2015-07-15 |
Case Number | 557-558 |
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