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B. P. SINHA, P. B. GAJENDRAGADKAR, K. SUBBA RAO, J. L. KAPUR, K. N. WANCHOO
Madhaorao Phaike – Appellant
Versus
State Of M. P. – Respondent
Judgment
GAJENDRAGADKAR, J. : The question of law which arises for our decision in this appeal is whether the Kalambandis under which the appellant s right to receive Rs. 21-8-0 per month by way of Bachat (balance) is guaranteed constitute an existing law within the meaning of Art. 372 of the Constitution. This question arises in this way. The appellant Madhaorao Phalke describes himself as an Ekkan and claims that as such Ekkan he & his ancestors have been receiving the monthly payment of Rs. 21-8 from the State of Madhya Bharat. It appears that the appellant s ancestors had accompanied the Scindias to Gwalior from Maharashtra about 200 years ago, and had rendered military service in conquering the territory of Gwalior. In recognition of this service the appellant s ancestors were granted a fixed amount of money per month, and this amount has been received by the appellant s family for several generations past. The right to receive this amount has been recognised by the Rulers of Gwalior in several statutes, orders, rules or regulations having the force of statutes; amongst them are the Kalambandis of 1912 and 1935. On April 18, 1952, the Government of Madhya Bharat issued an execu
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