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1990 Supreme(SC) 14

KULDIP SINGH, M.M.PUNCHHI, S.RANGANATHAN
Vishnu Partap Singh – Appellant
Versus
State Of M. P. – Respondent


Advocates:
A.K.GANGULY, C.N.SRI KUMAR, R.B.MISHRA, S.K.AGNIHOTRI

JUDGMENT

M. M. PUNCHI, J.:- This appeal by special leave is against a judgment and decree in reversal passed by a Division Bench of the High Court of Madhya Pradesh at Jabalpur.

One has straightway to come to grips with some basic facts of the case along side the historic backdrop influencing their course. The property in dispute is a medium-sized house bearing No. 494/1, Partap Sagar Ward, known as Gulab Rai Wala house, in the city of Chhatarpur. In the plaint filed by the District Collector, Chattarpur, dated May 5, 1962, it was valued at Rs. 40,000/- and its rental value barely as Rs. 114.77. NP In British days, the State of Chattarpur, like other such States, was an independent State, under the paramountcy of the British Crown. The British Crown was the suzerain power as acknowledged by the Indian States which owed a modified allegiance to it, but none to the Government of India. On India having obtained independence the suzerainty of the British Crown over the Indian States lapsed simultaneously because of Section 7 of the Indian Independence Act, 1947. It is a matter of history that immediately thereafter all but three of the Indian States acceded to the new Dominion by the exe










































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