JUDGEMENT
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(1.) Father of the appellants was ex-Ruler of Rampur State who entered into an agreement with Dominion of india on 15-5-1949 to surrender and transfer the administration of the territory of the former state of Rampur and to merge the said territory into the Dominion of India under the merger Agreement. Article 4 of the said Agreement, to the extent relevant, reads:-
"Article 4- the Nawab shall be entitled to Full Ownership, use and enjoyment of all private properties (as distinct from State properties) belonging to him on the date of this agreement. "
(2.) On the same day, Ministry of States, government of India wrote a letter to him which was to be treated as part of the Merger Agreement. Clause (xviii) reads:-
"(Xviii) - no land or building being your Highness's private property shall be requisitioned or acquired without your consent and without paying full compensation. "
(3.) On 15-5-1949 itself, the Ministry of states, Government of India, wrote a letter to the Nawab containing a list of moveable and immoveable properties which would be the private properties of the Ruler for the purpose of Article 4 of the Merger Agreement. Item 6 in the list pertained to agricultural lands covering an area of 1073 acres stated to have been transferred by the State to the Ruler for farming purposes free of rent.;
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