The law of primogeniture, as applicable to the Murshidabad Estate, excludes the right of females and their successors to inherit the Nawab Estate.

BHASKAR BHATTACHARYA, J.

( 1 ) THESE two mandamus appeals have been assigned to this Bench by the Hon'ble the Chief Justice after the Supreme court has remanded the matters back to this Court in the light of the observations made in the order of that Court.

( 2 ) THE facts giving rise to these proceedings may be precised thus: (a) One Syed Fateyab Ali Meerza, (hereinafter referred as the writ petitioner), filed a writ application before this Court thereby praying for declaration that the provisions of the Murshidabad Estate (Management of Properties) and Miscellaneous Provisions Act, 1980 (West Bengal Act 55 of 1980) are ultra vires the Constitution of India and void and for commanding the respondent Nos. 1 and 2 to rescind, revoke, cancel and/or withdraw the said Act and to forbear them from giving effect thereto. The other consequential prayers including an order of injunction restraining the respondents from interfering with the affairs of the Murshidabad Estate or with the possession of the writ petitioner and his tenants in respect of Premises No. 85, park Street, Calcutta were also made therein. (b) In the said writ application, the writ petitioner claimed to be the then Nawab Bahadur of Murshidabad and Amir-ul-omrah by virtue of succession from Syed Waris Ali Meerza, the last Nawab, who died on November 20, 1969. According to the writ petitioner, his great grandfather, Faridoon Jah Syed Mansoor Ali Khan was the Nawab of Bengal. Bihar and Orrisa and was in law the independent Ruler of Suba Bengal and in view of differences which arose between the subsequent Nawab and the then Government of India, an Indenture dated 12th March, 1891 was made between Secretary of State for india of one part and Syed Hassan Ali Khan Bahadur, the then nawab, on the other part and by virtue of the said Sanad, an annual payment of Rs. 2,30,000/- from the revenue of the Government British india was settled to the Nawab Bahadur of Murshidabad as mentioned therein with certain other privileges. (c) Immediately after the execution of the said Indenture, the murshidabad Estate Act (Act 15 of 1891) was passed by the government of India to confirm and to give effect to the said Indenture dated 12th March, 1891 and the effect of the said Act read with the indenture was to guarantee the payment of annuity and/or pension of Rs. 2,30,000/- per annum or Rs. 19, 116 - 10 annas-8 paise per mensem and also to secure the vested right to the scheduled property to the nawab Bahadur for the time being. It was further provided that such estate would be descendible to the lineal heirs male of the said nawab Bahadur according to the custom of primogeniture, the eldest male of the eldest branch being preferred. (d) Subsequently, on 21st September, 1933, the Indian Legislature passed the Murshidabad Estate Administration Act, 1933, to provide inter alia, for the appointment of a Manager on behalf of the Secretary of the State of India in respect of the management of the properties of the Nawab Bahadur of Murshidabad and to afford protection against the liabilities to which he was exposed by reason of his debts and to prevent further debts and to repayment to his creditors and make provision for the payment to Nawab Bahadur for a sum sufficient for the maintenance of his position and dignity. (e) In terms of the provisions contained in the said Act, the then government of Bengal appointed Managers under the said Act who took possession of all the properties of the Nawab Bahadur of murshidabad for the management and since 1933, the successive managers appointed under the said Act managed the said estate which had an approximate income of several lakhs of rupees. (f) By virtue of the provision contained in the Government of India Act, 1935, the properties of the Murshidabad Estate vested in the then government of Bengal and under section 177 of the said Act, all contracts except those mentioned in section 178 thereof, made by the Secretary of the State were deemed to

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