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1965 Supreme(SC) 239

M.HIDAYATULLAH, A.K.SARKAR, J.R.MUDHOLKAR, RAGHUBAR DAYAL, R.S.BACHAWAT
State Of M. P. – Appellant
Versus
Lal Bhargavendra Singh – Respondent


Advocates:
B.SEN, C.L.LAL, G.S.PATHAK, I.M.SHROFF, K.L.Hathi, M.N.SHROFF, R.N.SACH

Judgement

SARKAR, J. : This appeal arises out of a suit filed on August 10, 1956 by Shri Lal Saheb Bhargavendra Singh, now deceased and represented by his legal representatives, against the Union of India, the State of Vidhya Pradesh, now merged in the State of Madhya Pradesh, and the Collector of Satna, for a declaration that he was entitled to receive an allowance of Rs. 650 per month from the Union of India. There was another claim but that depended on the declaratory relief claimed and need not, therefore, be referred to further. Shri Lal Saheb was the brother of the Ruler of the former Indian State of Nagod and he contended that the Ruler had by a law passed on March 7, 1948 provided for a allowance for him at the rate of Rs. 650 per month and that that law was binding on the defendants who had by an executive order illegally altered the amount of the maintenance. It was on this basis that the claim was made. The suit was dismissed by the trial Court but was decreed by the High Court of Madhya Pradesh on appeal by the plaintiff. Hence this appeal.

2. Certain events that took place after March 7, 1948 when the allowance was fixed have now to be stated. On March 18, 1948, the Rule


















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