(1) THIS appeal by special leave is against the judgment and decree of the High court of Allahabad dated 16/11/1976 passed in First Appeal No. 208 of 1957.

(2) THE appellant herein, the State of Rajasthan, filed a suit for decla- ration and permanent injunction against the respondent-Municipal Board, Allahabad on the premises that His Highness the Maharaja of Jaipur was the Muhfidar of 35 acres of land of the identity disclosed in the plaint and in the assertion of that right had all along been realising tehbazari or ground rent from the vendors, itinerants, shopkeepers etc. who were selling articles on shops in the bazar or elsewhere within those 35 acres; but since the Municipal Board had raised a counter claim thereon a declaration was necessary in favour of the State of Rajasthan being the successor of His Highness the Maharaja of Jaipur, and a permanent injunction restraining the Municipal Board, Allahabad from interfering with such right of the appellant to realise dues or ground rent, as the case may be. The appellant was successful in getting the suit decreed before the trial court, but the High court of Allahabad in first appeal reversed that decision insofa