ORDER :

K. K. Dube J.

By this petition under Article 226 of the Constitution of India, the petitioner seeks a direction that the State Government be asked to recover 1/3rd share in Jagir villages Ladkaran and Rijhari from respondents 3 and 4 and also claims that 1/3rd share of compensation on resumption of Jagirs in the said two villages be paid to him.

2. For appreciating the controversy, a little of the ancient history of the Jagir would have to be given. Shri Narayanrao Ingle who is claimed to be the common ancestor of the petitioner and the respondents 3 and 4 was originally granted a Jagir of Rai Mahal consisting of 50 villages by the erstwhile ruler of Gwalior State in about the year 1819 A. D. This grant is shown at page 295 of Gwalior State Tarikh Jagirdaran with Kawayad Part I. Narayanrao had a brother Laxmanrao and three sons: Chirnanajirao, Abasaheb and Subhedar Saheb. On the death of Narayanrao Ingle in about the year 1865, there was a partition of the Jagir property and 14 villages were given to Laxmanrao. This came to be known as Jagir Sarajapur. The remaining villages of Jagir Rai continued to be the Jagir of sons of Narayanrao. Chimanajirao died leaving behind a son Ba