- (1.) These appeals are filed against the judgments and decrees dated 9/3/1977 made in RSAs Nos. 1457 and 1458 of 1963 by Punjab and Haryana High court. Since common questions are raised in them for our consideration, they could be disposed of together
(2.) Maharaja Pratap Singh was the Ruler of the Princely State of Nabha ever since the year 1941, which was then the subject-State of British Paramountcy. With the coming into force of the Indian Independence Act, 1947, when the State of Nabha along with other Princely States in India got out of British Paramountcy and became a free and independent State, it acceded to the Dominion of India created under that very Act on subjects - External Affairs. Defence and Communications, falling in line with similar other States in India. Thereafter, the Ruler of Nabha and the Rulers of Faridkot, Jind. Kapurthala, Malerkotla, Patiala, Kalsia and Nalagarh who desired to establish a Union of States comprising the territories of their respective States with a common executive, legislature and judiciary by the name of Patiala and East Punjab States Union (PEPSU) , entered into a covenant dated 3-3-194s, which was concurred with by government of India by guaranteeing enforcement of its provisions. PEPSU when according to me said covenant, came into existenceon 20/8/1948, the territory of Nabha State ceased to exist and became a part of the territory of the PEPSU. Subsequently, with the coming into force of the States Reorganisation Act, 1956, PEPSU, having got merged in the State of Punjab, all its territory which included the territory of Nabha State, became a part of the territory of the Punjab State.
(3.) Maharaja Kumar Kharak Singh and Maharaja Kumar Gurbax Singh, the appellant (since deceased by LRs) in each of the present appeals, who were the brothers of Maharaja Pratap Singh, the Ruler of erstwhile Nabha State, long after its accession to Indian Dominion and its subsequent merger in PEPSU and further merger of PEPSU in State of Punjab, filed two original suits on 13/7/1960 in the court of Sub-Judge, First Class, Patiala, for recovery of possession of 'bir Bhadson' situated in Village Agaul, Tehsil Nabha, District Patiala - to be referred to hereinafter as 'bir', from the State of Punjab, since 'bir', once the State property of the State of Nabha had become State property of the State of Punjab and was part of its State Forest. The cause of action for those suits was founded on a letter dated 25/4/1948 said to have been addressed to Maharaja Kumar Gurbax Singh by Maharaja Pratap Singh, while he was the sovereign Ruler of the State of Nabha.;