Hon'ble VYAS, J.—In this miscellaneous appeal, defendantappellants are challenging order dated 01.06.2009 passed by the District Judge, Jaisalmer in Civil Misc. Petition No.12/2009, whereby, the learned trial Court allowed the application filed for temporary injunction under Order 39 Rules 1 & 2, C.P.C., read with Section 151, C.P.C.

2. According to brief facts of the case, suit for perpetual injunction along with an application under Order 39 Rules 1 & 2, C.P.C. was filed by respondent-plaintiff in the name of His Highness Maharawal Brijraj Singh against the defendant-appellants, successors of late Shri Chandraveer Singh. In the suit it is pleaded that plaintiff is sole heir and successor of Ex Ruler late His Highness Girdhar Singh ji and late Maharaja Raghunath Singh ji and, the property in question comes in his succession because as per law and custom governing the succession which is the rule of primogeniture, he being the seniormost male survivor from the original common ancestor, plaintiff is entitled to inherit the property of Ex Ruler of the State of Jaisalmer.

3. It is mentioned in the plaint that before independence, as per the rule of primogeniture, late His Highness Girdhari Singh ji became sole owner of the property after the death of his father and late His Highness Girdhari Singh ji expired on 27.08.1950, survived by his two sons, and after his death, his elder son Maharaja Shri Raghunath Singh ji succeeded to the entire property of late His Highness Girdhari Singh ji.

4. It is stated by the plaintiff that being the eldest son of late Raghunath Singh ji, he became entitled to inherit the properties of late Shri Girdhari Singh ji which was mentioned in the inventory dated 10.11.1949 which was prepared by the covenant and filed with the plaint as Schedule-I.

5. In the plaint, it is stated that Jaisalmer was sovereign State under the paramountcy of the British Crown. The Ruler was the supreme legislature, judiciary and head of Executive prior to independence. The Indian Independence Act, 1947 came into force on 15.08.1947 by which paramountcy of the British Crown was removed and State of Jaisalmer became independent sovereign state. As per the plaintiff-respondent, a covenant for formation of United States of Rajasthan was entered into by the Rules of certain States including the ruler of Jaisalmer and the said covenant was entered into at the guarantee of the Government of Rajasthan.

6. As per Article 11 of the Covenant, the Ruler of each State continued to be the owner of the properties mentioned in the inventory as belonging to him on the date of his making over the administration of that State to the Raj Pramukh. Therefore, the suit properties which were marked by late His Highness Shri Girdhari Singh ji as his private properties, which is mentioned in the inventory, remained to be the private properties of his successor. The plaintiff claimed in the suit that he is the sole heir and successor of the estate of late Shri Girdhari Singh ji and late Shri Raghunath Singh ji in accordance with the law and rule of primogeniture which was recognized by late Shri Chandraveer Singh also.

7. In his life-time late Shri Raghunath Singh ji gave some properties including movable and immovable to late Shri Chandraveer Singh for his residence and maintenance; and, for the said purpose, on 20.04.1993, late Shri Chandraveer Singh executed a family settlement and renounced his right, title and interest in the properties in question in favour of the plaintiff-respondent. But, without any right, the legal successors of late Shri Chandraveer Singh, who are appellants before this Court, are claiming right of the properties upon the premises that they are also successors of late Shri Chandraveer Singh, son of late Shri Girdhari Singh and brother of late Shri Raghunath Singh.

8. As per the plaintiff-respondent, there was no right created in favour of late Shri Chandraveer Singh because being elder son late Maharaja Raghunath Singh ji became s

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