NARASIMHAM, C. J.

( 1 ) THIS is an appeal by the State of Orissa against the decision of the Subordinate Judge of Dhenkanal decreeing the plaintiff-respondent's suit for declaration of title and ether consequential reliefs in respect of 13 villages in the district of Dhenkanal on the strength of a grant made in her favour by the Ruler of Dhenkanal on 14th May, 1939.

( 2 ) THE respondent plaintiff is the Rani Sahiba of Dhenkanal, her husband, the Raja Sahib of Dhenkanal being the Ruler of Dhenkanal which was a Feudatory State under the paramountcy of the British Crown till the lapse of paramountcy with the passing of the Indian Independence Act, 1947. The plaintiff's husband (P. W. 1), Raja Sankar Pratap Singh Deo Mahendra Bahadur, was married to her sometime in 1924. In 1935 he made a grant of 8684. 55 acres of land (Ex. A) in her favour. The reason for the grant, as stated in that document, Ext. A was that "on the analogy of the precedents that are in vogue in the family of the Rulers of the State since time immemorial, the Rani Sahiba is allowed Khanja grant in the shape of Khamar lands and tenure. . . . . . . . . " This grant was given effect to in due course. It further appea