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1967 Supreme(Guj) 130

A.D.DESAI, P.N.BHAGWATI
D. S. MERAMWALA BHAYAWALA – Appellant
Versus
BA AMARBA JETHSURBHAI – Respondent


Advocates Appeared: J.M.THAKAR, S.B.VAKIL

P. N. BHAGWATI, J.

( 1 ) PRIOR to 15th August 1947 Khari-Bagasara was a Fifth Class jurisdiction Estate under the paramountcy of the British Crown One Ram Mulu was the Chief of the Estate until sometime in 1943 when he died. He left him surviving two sons namely Bhayavala and Valeravala. The rule of primogeniture governed the succession at the Estate at the material time and therefore Bhayavala who was the eldest son succeeded to the Estate; Valeravala the younger son being given village Khari by way of Kapal Giras that is maintenance during the life time of Bhayavala. Bhayavala was accordingly the Chief of the Estate on 15th August 1947 when the Indian Independence Act 1947 came into force. By virtue of sec. 7 of the Indian Independence Act 1947 the suzerainty of the British Crown over the Indian States lapsed and the Indian States were released from their obligations to the British Crown and attained the status of truly independent sovereign State possessing and enjoying not only internal but also external independence. Bhayavala also like other rulers of Indian States became an independent sovereign ruler of his Estate. This position however did not last long for sometime thereaf




















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