Judgement

HEGDE, J. : This is an appeal by special leave. Herein we have to determine the true scope of section 14 (1) of the Bombay Merged Territories and Areas (Jagir Abolition) (Bombay Act No. 39 of 1954). That question arises thus:

2. Respondent No. 1 was the Bhayyat of the Jagir of Ghantoil. That Jagir was situated in the Idar State, a former Indian State. The area comprised in that State is a part of the State of Gujarat at present. The said Jagir was a proprietary Jagir and for the purpose of succession and inheritance, it was governed by the rule of primogenitor. The eldest son succeeded to the Gaddi; the other junior members of the family were granted maintenance known as Jiwarak out of the Jagir estate. The former Thakore of Ghantoil, Shri Dalpatainhji Kumansingh granted as Jitwarak to the father of the present respondent, a half share in a village by means of a deed dated February 18, 1916. In 1928 dispute arose between the Thakore and the Bhayyats in the matter of aforesaid Jiwarak. Hence the first respondent and his brother filed a suit in the Sadar Court of the then ldar State claiming Jiwarak. The Court of first instance decreed the suit in favour of the first responde