Judgment

DUTT, J. :- This appeal by special leave is at the instance of the plaintiff-appellant, since deceased, and is directed against the judgment and decree of the Gujarat High Court reversing those of the Civil Judge, Senior Division, Himatnagar, whereby the learned Civil Judge decreed the suit instituted by the appellant.

2. The late Thakore Sartansinhji, the father of the appellant, was the Ruler of the former Mohanpur State situate in the district of Sabarkantha, Gujarat. After independence, the said Mohanpur State merged in the then State of Bombay (now the State of Maharashtra). The former Ruler, the father of the appellant, by a deed of gift dated May 14, 1951 gifted certain properties to his youngest son, the respondent No. 1 herein. By his will dt. May 22,1951, the former Ruler also bequeathed certain properties to the respondent No. 1 and his mother. The father of the appellant died on Dec. 9, 1955 and on his death the appellant became the Ruler. On May 10, 1956, the suit out of which this appeal arises was instituted by the appellant challenging the validity of the said deed of gift and the will. In the suit, the case of the appellant was that as the rule of primogenit