( 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 thereafter the exact date is unfortunately slot on record-Bhayavala signed an instrument of accession in favour of the Government of India in the form prescribed in Appendix VIII to the White Paper on Indian States. Bhayavala had a wife named Amarbai but they had no issue and Bhayavala therefore adopted on 18th November 1947 Meramvala the eldest son of his brother Valeravala. Valeravala had Three sons of whom Meramvala was the eldest end Meramvala was given by him in adoption to Bhayavala. Towards the end of January 1948 a covenant was entered into by the rulers of Kathiawar States for the formation of a new State namely the United State of Kathiawar and this new State came into being on 15th February 1948. The covenant was signed by the rulers of certain important larger States and Clause 1 (b) of Article II of the covenant provided that the covenanting States would include in the United State of Kathiawar any other State taluka or Estate the ruler or talukdar of which agrees with the approval of the Government of India to the merger of that State taluka or Estate in the United State of Kathiawar. Pursuant to Clause 1 (b)-of Article II of the covenant the talukdars of several taluka and Estates signed merger agreements with the approval of the Government of India agreeing to merge their respective taluka and estates in the United State of Kathiawar. The merger agreement assumed two forms:-ONE provided for payment of privy purse to the talukdar while the other entitled the talukdar to full ownership use and enjoyment of all the properties vested in him which were not being used for the benefit of the public or any section thereof in the taluka or estate. The former type of merger agreement may for the sake of Convenience be referred to as the privy purse agreement while the latter type may be referred to as the Jamindari agreement. Bhayavala as the Chief of his Estate signed a Jamindari agreement in favour of the United State of Kathiawar in the beginning of March 1948 and the estate accordingly became merged with the United State of Kathiawar. All the properties forming part of the Estate which were not Being used for the benefit of the public or any section thereof however remained vested in Bhayavala and Bhayavala was entitled to full ownership use and enjoyment of the same. These properties were therefore entered in the name of Bhayavala in the revenue records introduced by the United State of Kathiawar. the United State of Kathiawar was subsequently renamed as the State of Saurashtra and on the coming into force of the Constitution of India on 26th January 1950 it became a Part B State. Bhayavala died on 17th September 1953 having duly made and published his last will dated 7th June 1953. He appointed his widow Amarbai as the executrix under the will a