Judgment

KOSHAL, J.:- The facts forming the background to this appeal by certificate granted by the High Court of Rajasthan against its judgment dated the 29th April 1968*, in so ar as they are undisputed, may be stated in some detail. On the 28th Feb, 1948, the Rulers of the erstwhile States of Alwar, Bharatpur, Dholpur and Karauli entered into a Covenant (hereinafter referred to as the Maisya Covenant) ageeing to merge their States into one State know as the United State of Matsya which was to come into being on the 1st of April 1948 with the Ruler of Dholpur as its Raj Pramukh. Article VI of the Coverant provided that the Ruler of each Covenanting State shall, as soon as may be parcticable and in any event not later than the 15th March, 1948, make over the administration of his State to the Raj Pramukh and that thereupon all rights, authority and jurisdiction belonging to such Ruler which appertained or were incidental to the government of his State shall vest in the United State of Matsya. Article XI of the Covenant provided for the private properties of the Ruler and ran thus :

* Reported in AIR 1969 Raj 52.

"1. The Ruler of each Covenanting State shall be entitled to the full ownership, use and enjoyment of all private properties (as distinct from State properties) belonging to him on the date of his making over the administration of that State the Raj Pramukh.

"2. He shall furnish to the Raj Pramukh before the 1st May, 1948, an inventory of all the immovable properties, securities and cash balances held by him as such private property.

"3. If any dispute arises as to whether any item of property is the private property of the Ruler or State property it shall be referred to such person as the Government of India may nominate and the decision of that person shall be final and binding on all parties concerned."

The United State of Matsya came into being as stiputated in the Matsya Covenant on the 1st of April 1948 and during the same month the Ruler of Alwar, who is the appellant before us, furnished to the Raj Pramukh an inventory of all the immovable properties, securities and cash balances held and claimed by him as his private properties.

On the11th of April 1948, the Rulers of ten States, namely, Banswara, Bundi, Dungarpur, Jhalawar, Kishengarh, Kotah, Mewar, Partabgarh, Shahpura and Tonk entered into a covenant agreeing to merge them into one State named the United State of Rajasthan, That Covenant was superseded by another dated the 10th of March 1949 (hereinafter called the Rajasthan Covenant) through which the United State of Rajasthan was to consist of the said ten States as also of four others, namely, Bikaner, Jaipur, Jaisalmer and Jodhpur, with the Ruler of Jaipur as the Raj Pramukh. C. (c) of Art. 1 of the Rajasthan Covenant defined the expression "New Covenanting State" to mean any of the said four States. Art. II of the Covenant last mentioned provided that the United State of Rajasthan would include any other State, the Ruler of which entered into an agreement with the Raj Pramukh, with the approval of the Govt. of India, to the integration of that State with the United State of Rajasthan. Art, XII of the Rajasthan Covenant provided :

"(1) The Ruler of each Covenanting State shall be entitled to the full ownership, use and enjoyment of all private properties (as distinct from State properties), belonging to him on the date of his making over the administration of that State to the Raj Pramukh of the former Rajasthan State or as the case may be, to the Raj Pramukh of the United State under this Covenant.

(2) If any dispute arises as to whether any item of property is the private property of the Ruler of a Covenating State other than a new Covenanting State or is State property, it shall be referred to such person as the Government of India may nominate in consultation with the Raj Pramukh, and the decision of that person shall be final and binding on all parties concerned :

Provided that no such dispute shall be so r