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PETITIONER: DARBAR SHRI VIRA VALA SURAG VALA,VADIA
Vs.
RESPONDENT: THE STATE OF SAURASHTRA (NOW BOMBAY)
DATE OF JUDGMENT: 14/04/1960
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. IMAM, SYED JAFFER DAS, S.K. SARKAR, A.K. HIDAYATULLAH, M.
CITATION: 1967 AIR 346 1960 SCR (3) 521 CITATOR INFO : R 1981 SC1829 (116)
ACT: Grant by Ruler to younger son as Bhayat-Son becoming Ruler- Whether grant resumable-" Bhayat ", Meaning of.
HEADNOTE: In the, Indian State of Vadia succession was governed by primogeniture. The Ruler in 1943 granted to his younger son, the petitioner, a village in the State in perpetuity and in heredity for enjoyment as ’Kapal-Giras’ as ’ Bhayat’. In 1947 the State of Vadia acceded to the Dominion of India and by subsequent constitutional developments it became merged in the State of Saurashtra. After the coming into force of the Constitution the elder son of the Ruler and then the Ruler died, and the petitioner was recognised as the Ruler. Thereupon the State of Saurashtra issued a notification resuming the grant as it was deemed to have lapsed and reverted to the former Vadia State. The petitioner contended that the grant was absolute and unconditional for 522 permanent enjoyment from generation to generation and the State could not resume it: Held, that the grant lapsed on the petitioner be...