Honble SHARMA, J.–Invoking Section 24 of the Code of Civil Procedure (for short `CPC) the petitioner has filed the instant petition seeking transfer of the civil suit No.41/2002/05 (Jitendra Singh vs. Bhanu Kumari & Others) pending before District Judge, Alwar.

(2). As per the facts pleaded in the petition the petitioner and her father Maharaja Sawai Tej Singh, former Ruler of erstwhile State of Alwar aged 95 years, are presently residing in New Delhi. In accordance with Article XI of the Covenant for the formation of the United State of Matsya in the year 1949 an inventory of Maharajas private properties was drawn with the approval of Government of India. In terms of the said covenant the properties owned by Maharaja Sawai Tej Singh are being continued to be held by him. On July 29, 1970 a notice was issued by State Government to Maharaja Sawai Tej Singh under the provisions of Rajasthan Tenancy Act,1955 seeking to acquire the land in excess of the ceiling limits. Objections were filed on February 19, 1971 and vide order dated September 30, 1971 Sub Divisional Officer held that 576 standard acres of land is being possessed by Maharaja Sawai Tej Singh and it was directed to acquire the land in excess. On appeal the matter was remanded by Revenue Appellate Authority vide order dated February 6, 1973 with the directions to decide the matter afresh in terms of new Ceiling Act. On revision by State the Board of Revenue vide order dated May 16, 1977 quashed the order of Revenue Appellate Authority and directed SDO to decide the matter in terms of old Ceiling Law. Finally the SDO vide order dated June 21, 2005 held that 576 standard acres of land was in excess and directed the owner Maharaja Sawai Tej Singh to surrender the aforesaid land. Pursuant to the order dated June 21, 2005 Maharaja Sawai Tej Singh submitted his option for the properties sought to retain vide letter dated September 12, 2005 and surrendered the rest of the land to the State Government.

(3). It is further averred that respondent Jitendra Pratap Singh son of late Kunwar Pratap Singh (one of the grand sons of Maharaja Sawai Tej Singh), who is currently a member of Rajasthan Legislative Assembly from Alwar, residing at Alwar intended to take possession of the entire properties of Alwar owned by Maharaja Sawai Tej Singh with a malafide intention to grab the same without giving any share to existing sons, daughters and grand children of Maharaja Sawai Tej Singh. Inspite of the letter dated September 12, 2005 of Maharaja Sawai Tej Singh, respondent Jitendra Pratap Singh challenged the order dated June 21, 2005 by filing three appeals. One appeal was filed on behalf of Maharaja Sawai Tej Singh without any authority or power from Maharaja Sawai Tej Singh, second on behalf of Jitendra Singh and third on behalf of Minakshi Kumari. In none of the three appeals the petitioner was impleaded as party. The Revenue Appellate Authority took cognizance of the fact that inspite of surrendering the land and complying with the impugned order by Maharaja Sawai Tej Singh the same has been challenged therefore the surrendering of land appeared to be suspicious and vide order dated June 2, 2006 quashed the order of SDO and also the surrender deed. In the meantime on November 5, 2005 respondent Jitendra Pratap Singh lodged complaint against the petitioner with the Superintendent of Police Alwar alleging forgery, undue influence and captivity of Maharaja Sawai Tej Singh. The complaint was filed with an ulterior motive for wreaking vengeance and for exerting undue pressure over the petitioner with a view to grab whole properties of grand father of the petitioner Maharaja Sawai Tej Singh. He also filed suit before district & Sessions Judge Alwar seeking declaration and mandatory injunction against the petitioner and her brother and others. The suit was filed on November 7, 2005. On November 10, 2005 the District Judge Alwar passed ex-parte order for constitution of Medical Board for ascert

Click Here to Read the rest of this document