Judgment

GAJENDRAGADKAR, C.J.I. - The principal point of law which arises in this appeal is whether the Sanad issued in favour of the appellant, Rajkumar Narsingh Pratap Singh Deo, by his elder brother, the Ruler of Dhenkanal State, on March 1, 1931, is existing law within the meaning of Art. 372 of the Constitution read with Cl. 4(b) of Order No. 31 of 1948 issued by the respondent State of Orissa on January 1, 1948. This question arises in this way. The State of Dhenkanal which was an independent State prior to 1947 merged with the Province of Orissa in pursuance of a Merger Agreement entered into between the Ruler of Dhenkanal and the Dominion of India of December 15, 1947. This Agreement came into force as from January 1, 1948. In consequence of this Agreement, the entire administration of the State of Dhenkanal was taken over by the State of Orissa pursuant to the authority conferred on it by the Central Government under S. 3 (2) of the Foreign Jurisdiction Act 1947 (No. 47 of 1947). After the Sanad in question was issued in favour of the appellant, he was getting a monthly allowance of Rs. 500/- from the Dhenkanal District Treasury on the authority of a permanent Pay Order whi