Judgement

VENKATARAMIAH, J. :- The question for consideration in this case is whether the hereditary right of the respondents to recover a sum of Rs. 3,500/- per annum under an agreement dated 10-8-1914 entered into between the predecessor-in-interest of the respondents and the former princely State of Junagadh came to an end by virtue of provisions contained in the Gujarat Surviving Alienations Abolition Act, 1963 (hereinafter referred to as the Act).

2. There was one Darbar Harsurvala of Mandavad in the former princely State of Junagadh. He had a hereditary right to collect certain quantities of grass, fire-wood and timber from the Gir Forest in the State of Junagadh and that right was recognised by a declaratory decree made by the Rajasthanik Court of Kathiawar in the year 1884. On the death of Harsurvala the said right was being enjoyed by his son Jiva Vala till the year 1914. On 10th August, 1914 an agreement was entered into between Jiva Vala and the State of Junagadh under which the State of Junagadh agreed to pay every year (commencing with 1st September of the preceding year and ending with the 31st August of the succeeding year) in the month of January a sum of Rs. 3,500/-