Judgment

KAPUR, J. : Prior to the integration of the Indian States with the Union of India on the promulgation of the Constitution of India there was in Kathiawad a State of the name of Vadia, succession to the Rulership of which was by primogeniture. Its Ruler then was Darbar Saheb Shri Surag Vala Bavavala. He had two sons Kumar Shri Krishan Kumar and the petitioner Kumar Shri Vira Vala Surag Vala. Kumar Shri Krishan Kumar being the elder son was the heir-apparent. On July 5, 1943, the Ruler Darbar Saheb Shri Surag Vala executed two documents in favour of the petitioner granting him in perpetuity and in heredity a village called Mote Pithadia in the State for enjoyment as Kapal-Giras as Bhayat . The word Bhayat means a cadet or the descendant of a younger branch of a Talukdar s family where the State follows the rule of primogeniture. Kapal-Giras means a grant in appanage as a birthright to a share in the patrimony.

2. Sometime in or about August 1947, the State of Vadia acceded to the Dominion of India on the terms contained in an instrument of accession then executed. Thereafter, on January 23, 1948, various States in the Kathiawad area entered into a covenant forming the