Judgement

SHAH, J. :- This is an appeal brought with special leave against the judgment dated October 23, 1962 in Matmi Case No. 40 of 1961, of the file of the Board of Revenue Rajasthan.

2. Thakur Sabhal Singh - Hereinafter called Sabhal Singh - a jagirdar of Thikana Jhakora in Shekhawati area in the former Indian State of Jaipur applied on November 3,1933 to recognise Jai Singh --the firs respondent in this appeal-as his adopted son for succession to the Thikana. On Ma, 23, 1936, the Ruler of Jaipur in Council ordered that he "saw no reason at the present moment to recognise the adoption advocated by" Sabhal Singh and that-the "alleged adoption of Jai Singh shall in no we, be deemed to be an adoption that will in an, sense bind the Darbar as regards the question of succession". On June 16, 1947, Sabhal Singh preferred another application to the Prime Minister of Jaipur for recognizing the adoption of Jai Singh. The application was sent to the Board of Revenue for enquiry and report under the Jaipur Matmi Rules, 1945. The Board of Revenue reported that in view of the Council Resolution dated May 23, 1936, the application was not maintainable since Sabhal Singh was living at the dat