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1989 Supreme(HP) 74

V.K.MEHROTRA, V.P.BHATNAGAR
UMA DEVI – Appellant
Versus
MAHARAJA SIR PARTAP SINGH – Respondent


Advocates Appeared:
For the appellant(s)/petitioner(s):Shri Chhabil Dass, Advocate, with Shri D. D Sood, Advocate. For the respondent(s):Shri N. K. Hingorani, Senior Advocate, with Miss Kamlesh Sharma, Advocate.

JUDGMENT

V. K. Mehrotra, J.—Nabha was a Princely State in pre-independence India. It was one of the three Phulkian States. The other two were Patiala and Jind.

2. In matter of succession to Chiefship, the Phulkian families normally followed the rule of primogeniture. This was true also of the Ruling family of Nabha. The Chiefship went to the eldest son. Provision was made for the younger sons for their maintenance by grant of Jagir, land or purse.

3. When the British became the paramount power in India, the effective control in respect of the various rights of the ruling Princes passed into their hands. They subjected the ruling chiefs to various restrictions. One such restriction was about purchase of property outside the territory of their own State. Office Orders were issued from time to time by the Political Department. One such office order (No. XXXV-found in the compilation of Rules and Office Orders of Political Department of Punjab Government Edition : 1908) said that: "the Government of India in 1871 pointed out that the difficulties and inconveniences arising from the possession by native foreign chiefs of lands within British Territories are very serious.........it has been


































































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