Deepak Gupta, J. - (1.) "Whether succession to the properties declared by an erstwhile ruler to be his private properties in the agreement of accession with the Dominion of India will be governed by the rule of succession applicable to the "Gaddi" (rulership) or by the personal law applicable to the ruler", is the question for consideration in the present appeals.
(2.) The British Government decided to withdraw from the Indian sub-continent and the plan in this regard was published on 03.06.1947 which envisaged the formation of two countries, India and Pakistan. As per the Indian Independence Act, 1947 two independent Dominions India and Pakistan were created. The ruling princes had the right to decide to which Dominion, India or Pakistan, they were to cede to. Section 6 of the Government of India Act, 1935 provided that an instrument of accession was to be executed by the ruler of the State. Various rulers signed instruments of accession on various dates. Some immediately on 15.08.1947 and some much later. Some rulers voluntarily ceded their territories to the Indian Union and some had to be cajoled to do so. In the various talks held by the Indian Government and the princely States it was decided to give some privileges and perquisites to the rulers. The privileges which were to be granted to the rulers included exemption from the operation of certain laws, the enjoyment of Jagirs and personal properties of the rulers, and members of their families, the payment by the States of the marriage expenses of the brothers and sisters of the rulers, immunity from some processes of courts of law, distinctive number plates, gun salutes, etc.
(3.) Nawab Raza Ali Khan was the ruler of Rampur. The State of Rampur merged into the Union of India. Merger Agreement was signed by the Nawab on 15.05.1949. As per the terms of merger agreement, the Nawab was entitled to full ownership, use and enjoyment of all private properties (as distinguished from State properties) belonging to him and he was required to furnish to the Dominion Government an inventory of such immovable properties etc. The Nawab vide orders (robkars) dated 31.05.1949 and 27.06.1949 declared a number of properties to be his personal properties. In terms of the merger agreement, Rampur ceded to the Dominion of India on 01.07.1949 and became a centrally administered Chief Commissioner's Province. Nawab Raza Ali Khan was declared to be a ruler in terms of clause (22) of Article 366 of the Constitution of India, 1950. He expired on 06.03.1966. It is not disputed that Nawab Raza Ali Khan died intestate.;