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PETITIONER: JAGANNATH BEHERA AND OTHERS
Vs.
RESPONDENT: RAJA HARIHAR SINGHMARDARAJ BHRAMARBARA ROY
DATE OF JUDGMENT: 06/12/1957
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. SINHA, BHUVNESHWAR P. IMAM, SYED JAFFER KAPUR, J.L. GAJENDRAGADKAR, P.B.
CITATION: 1958 AIR 239 1958 SCR 1067
ACT: Merger Agreement-Private Property of Ruler-Legislation restricting ejectment of tenants-If violates guarantee of full ownership, use and enjoyment-jurisdiction of Courts in dispute between Ruler and tenants-Ruler whether a landlord- Orissa Tenants Protection Act, 1948 (Orissa III of 1948), SS. 2(a) and (g)-Orissa Merged States (Laws) Act, 1950 (Orissa IV of 1950), SS. 7(a) and (h) -Constitution of India, Arts. 19(1)(f), 363.
HEADNOTE: The respondent was the Ruler of the erstwhile State of Khandapara which merged in the State of Orissa on August 1, 1949. Article 3 of the Agreement of Merger guaranteed that "the Raja shall be entitled to full ownership, use and enjoyment of all his private properties". The Orissa Merged States’ (Laws) Act, 1950 extended the Orissa Tenant’s Protection Act, 1948 to the merged areas. In 1951 the respondents evicted certain tenants. The tenants applied to the Revenue Officer under the 1948 Act for being restored to possession on the allegations that the respondent was their landlord and that he had unlawfu...