NDLI: Colonel His Highness Sawai Tej Singhji, Maharaja of Alwar Vs. The Union of India & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India 1950-Article 363
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Constitution of India 1950 - Art. 363 - Covenants agreeing to merger of princely states - Provision in Covenants that any dispute relating to any jtem of property of Ruler or state property to be referred for decision to a nominee of Government of India and such decision shall be final and binding on all concerned - Communication of the Government of India to the effect that the settlement of the inventory of properties was an integral part of an overall agreement in respect of all outstanding matters of dispute - Whether such 'decision' an agreement and could be enforced by the Ruler - Bar to jurisdiction of Civil Courts under Art. 363. The appellant who was the Ruler of a princely state entered into a covenant agreeing to merge his state into a union called the United States of Matsya. The Matsya Covenant, by Art. XI Cl. (2) provided that the ruler of each state shall furnish to the Raj Pramukh an inventory of all the immovable properties, securities and cash balances held by him as private property and cl. (3) provided that if any dispute arose as to whether any item of property was the private property of the ruler or the state property it shall be referred to such person as the Government of India may nominate and the decision of that person shall be final and binding on all parties. The appellant furnished an inventory of all properties claimed to be his private property. Sometime later the rulers of the constituent States of Matsya entered into a Covenant with the Rajpramukh of the United State of Rajasthan for merger of their States into the State of Rajasthan in abrogation of the Matsya Covenant. The Rajasthan Covenant by Art. XII, CL (2) provided for the settlement of any dispute as to whether the property was private property or state property by reference to such person as the Government of India may nominate in consultation with the Rajpramukh and that the decision of such person shall be final and binding on the parties. The Ministry of States, Government of India wrote on 14th September, 1949 to the appellant that the settlement of the inventory was an integral part of an overall agreement in respect of all outstanding matters of dispute and did not stand by itself. After correspondence with the Government of India the appellant received a written communication intimating the decision of the Government of India in respect of 25 items of the property.The appellant claimed that four buildings which were in occupation of the State Government had been declared as his private properties in the inventory appended to the letter of the Government of India and that the State Government should pay rent to him in respect of those buildings. This claim of the appellant having been rejected, he filed a suit in the district court for a declaration that the properties were his private properties and that the respondents should be ordered to pay rent to him. The suit was transferred by the High Court to itself. The High Court dismissed the suit on the ground that adjudication of the dispute was barred by Art. 363 of the Constitution. In appeal to this Court it was contended that the letter of 14th September, 1949 was the result of a decision arrived at in pursuance of cl. (3) of Art. XI of Matsya Covenant and cl. (2) of Art. XII of the Rajasthan Covenant and must be construed as a decision of the Government of India.
Judge	Hon'ble Mr. Justice A.D. Koshal
Neutral Citation	1978 INSC 199
Petitioner	Colonel His Highness Sawai Tej Singhji, Maharaja Of Alwar
Respondent	The Union Of India & Anr.
SCR	[1979] 2 S.C.R. 62
Judgement Date	1978-01-06
Case Number	12

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Colonel His Highness Sawai Tej Singhji, Maharaja of Alwar Vs. The Union of India & Anr.

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